2004 complete mayor & council minutes of the borough of englewood cliffs

04-01BOROUGH OF ENGLEWOOD CLIFFS

BERGEN COUNTY, NEW JERSEY

MINUTES OF THE SINE DIE MEETING OF THE MA YOR AND COUNCIL.

DATE: January 4, 2004

CALL TO ORDER AT 11:00 A.M .

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilm anCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Borough AttorneyBorough EngineerBorough Audi torSupt. of Public WorksChief ofPolice

Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

,E. Carter Corriston Jr., Esq.Edward MignoneSteven WieIkotzRodney BialkoLawrence Whiting

FLAG SALUTE LEAD BY COUNCIL PRESIDENT ILAN PLAWKER

MAYOR PARISI STATED:

Adequate notice of this meeting was given to the press and posted as required. Date andtime of this meeting was legally given as required by the "open public meetings act."This notice is on file with the municipal clerk and posted on the bulIetin board.Minute s of this meeting will be made available to the public upon the completion of typingand proofreading by the Municipal Clerk.

MAY 05 2009

COURTESY OF COUNCILMAN ROBERT AGRESTA TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM

2004-000002-REV1

2004 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

04-02JANUARY 4, 2004

Mayor Parisi asked if any member of the Council had any remarks to make beforeadjourning the Sine Die Meeting.

Council President Plawker thanked all the volunteers who served on all the Boards andCommissions for a job well done. He noted that these are volunteers who receive nopayment for all the time they give to the Borough.

On a motion by Manolio, seconded by Drimones, the meeting was adjourned "Sine Die".carried.

ATTEST:

JOSEPH FAVARO, BOROUGH CLERK

APPROVED:

JOSE,:PH C. PARISI, MAYOR

MAY 05 2009


2004-000003-REV1


04-03J ANUARY 4, 2004

MINUTES OF THE REORGANIZATION MEETING OF JANUARY 4, 2004.

The Oath of Office was administered to Mayor Joseph C. Parisi, Councilman Jerry Kasoff andCouncihnan Joseph Parisi, Jr. hy the Honorahle Robert Contillo.

THE REORGANIZATION MEETING WAS CALLED TO ORDER AT 11:15 A.M.


MayorCouncil PresidentCouncihnanCouncilwomanCouncilmanCouncihnanCouncilwoman

ALSO PRESENT:

Borough AttorneyMunicipal EngineerMunicipal AuditorSupt. ofPublic WorksChief of Police

Joseph C. ParisiDanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton"

E. CarterConriston Jr., Esq.Edward MignoneSteven WielkbtzRodneyBialkoLawrence Whiting

MAYOR PARlSIMADE THE FOLLOWING STATEMENT:

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meeting Act."This notice is on tile with the municipal clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon completion of typing andproofreading by the Municipal Clerk.

MAY 05 2009


2004-000004-REV1


04-04JANUARY 4, 2004

ADDRESS BY MAYOR PARISI

GOOD EVENING AND WELCOME TO THE 2004 REORGANIZATIONMEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLEWOODCLIFFS. IT IS NOT ONLY MY PLEASURE, BUT AN HONOR TO PRESIDE AT rmsMEETING.

IT IS IMPORTANT FOR YOU TO KNOW THAT I HAVE NEVER TAKEN THEELECTED OFFICE OF MAYOR FOR GRANTED, AND HAVE NEVER FELT THAT ITWAS MY ENTITLEMENT.

I HAVE STRIVED THROUGH THESE MANY YEARS TO DO MY BEST ANDALWAYS THINK OF THE COMMON GOOD, BEFORE TAKING ANY ACTION.MOST MAYORS IN BERGEN COUNTY ARE PART TIMERS, AND HAVE FULLTIME JOBS ELSEWHERE, SO THAT THEm ACTUAl: TIME IN THEm BOROUGHSOR TOWNS IS LIMITED.

I HAVE BEEN LUCKY TO ENJOY BEING IN MY OWN BUSINESS, SO THEREHAVE BEEN COUNTLESS TIMES THRU THE YEARS WHEN I HAD THE ABILITYTO HAVE BOROUGH BUSINESS ACTUALLY COME FmST, IN BOTH MY TIMEAND EFFORT. '

THERE ARE PROBABLY MANY PEOPLE WHO LIVE IN TOWN, WHOHAVE NO IDEA WHAT BEING THE MAYOR OF A SMALL TOWN REALLYENCOMPASSES. IT IS IN FACT LIKE RUNNING A BUSINESS. THERE AREFINANCIAL DETAILS TO ATTEND TO, PERSONNEL ISSUES, AND THE DAY TODAY MINUTIAE, THAT ALL OF YOU DEAL WITH IN YOUR OWN BUSINESSESAND PROFESSIONS.

THE ONLY DIFFERENCES BETWEEN THE TOWN AND YOUR OWNBUSINESS ARE THE NUMEROUS LAWS AND RULES THAT PERTAIN TOMUNICIPAL GOVERNMENT THAT MUST BE ADHERED TO.

SO I WANT TO THANK YOU FOR HAVING THE FAITH AND TRUST IN ME.TO ONCE AGAIN ELECT ME AS MAYOR OF rars WONDERFUL BOROUGH.

AS I HAVE DONE BEFORE I WILL CONTINUE TO LOOK FOR NEW INITIATIVESAND WAYS TO BETTER SERVE THE COMMUNITY, SO THAT WE CONTINUE TOIMPROVE AND MAINTAIN OUR QUALITY OF LIFE.

IN ORDER FOR rms BOROUGH TO DO ALL THE THINGS REQUffiED OFIT, IT TAKES A NUMBER OF PEOPLE TO PROVIDE THE SERVICES THAT MAKEOUR LIVES COMFORTABLE. WE HAVE A DEDICATED AND PROFESSIONALPOLICE DEPARTMENT. OUR VOLUNTEER AMBULANCE CORPS AND FIREDEPARTMENT ARE YOUR NEIGHBORS WHO ARE THERE TO HELP YOU IN ANYTIME OF NEED OR EMERGENCY. .

MAY 05 2009


2004-000005-REV1


04-05JANUARY 4, 2004

THE MEN AND WOMEN OF OUR DEPARTMENT OF PUBLIC WORKS ARETHE BEST IN THE COUNTY. WHETHER IT IS MAINTENANCE; CLEANUP; SNOWREMOVAL; AND THE LIKE, THEY DO A GREAT JOB.

AS TIME GOES BY, I HOPE WE CAN CONTINUE TO HAVE PEOPLE IN ALLTHESE DEPARTMENTS, WHO UNDERSTAND THAT WE VALUE THEM AND THESERVICES THEY PROVIDE. WHILE AT THE SAME TIME BEING FISCALLYREPSONSIDLE TO THE TAXPAYERS.

I WANT TO TAKE A MOMENT TO THANK THE MEN AND WOMEN WHOYOU HAVE ELECTED, TO SERVE WITH ME ON rms COUNCIL. EACH OF THEMTAKES THEm RESPONSIDILITIES AS A COUNCIL MEMBER VERY SERIOUS.DESPITE WHAT SOME OF YOU MAY HAVE HEARD. rms A HARD WORKINGINDEPENDENT GROUP OF PEOPLE, WHO VOICE THEIR OPINIONS AS IGHTILYAS THEY CAN.

GOOD PEOPLE CAN AGREE TO DISAGREE AND STILL WORK TOGETHERTO COME TO SOLUTIONS THAT SERVE THE COMMON:GOOD.

I WANT TO WISH EVERYONE HERE A VERY HEALTHY AND HAPPY NEWYEAR.

MAY 05 2009


2004-000006-REV1


04-06JANUARY 4, 2004

MAYOR PARISI MADE THE FOLLOWING STATEMENT:

THE RULES OF ORDER WILL REMAIN UNCHANGED.

On a motion by Norton, seconded by Drimones, the resolution 04-12 was offered for adoption:

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-12

RE : ANNUAL MEETING NOTICE - N.J.S.A. 10:4.8d

WHEREAS, the Borough of Englewood Cliffs Mayor and Council has established theirRegular meeting dates for the year 2004. The regular meetings will be held on the third Wednesdayof each month, at 8:00 p.m. in the Municipal Building, 10 Kahn Terrace, Englewood Cliffs, NewJersey. Caucus meetings will be held at 6:30 p.m. on the same night as the regular meeting. Actionmay be taken at either meeting.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough ofEnglewood Cliffs to establish specifically the Caucus and Regular meetings of the Mayor and

I

Council for the year 2004 as follows:

REGULAR MEETING

JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember

21 - Wednesday (Caucus & Regular Meeting)18 - Wednesday (Caucus & Regular Meeting)24 - Wednesday (Caucus & Regular Meeting)21 - Wednesday (Caucus & Regular Meeting)19 - Wednesday (Caucus & Regular Meeting)16 - Wednesday (Caucus & Regular Meeting)21 - Wednesday (Caucus & Regular Meeting)18 - Wednesday (Caucus & Regular Meeting)22 - Wednesday (Caucus & Regular Meeting)20 - Wednesday (Caucus & Regular Meeting)10 - Wednesday (Caucus & Regular Meeting)15 - Wednesday (Caucus & Regular Meeting)

MAY 05 2009


2004-000007-REV1


04-07J ANUARY 7,2003

MAYOR PARISI STATED THE FOLLOWING:

ALL STANDING COMMfITE ES ARE HEREBY DISSOLVED.ALL SPECIAL COMMITTEES ARE HEREBY DISSOLVED.ALL YEARLY APPOINTMENTS ARE HEREBY TERMINATED.

ON A M OTION BY PLAWKER, SECONDED BY KAS OFF, THE BY-LAW S OF 2003WERE ADOPTED FOR THE YEAR 2004.


MAYOR PARISI STAT ED: WITH THE ADVICE AND CONSENT OF THE COUNCIL, IMAKE THE FOLLOWING APPOINTMENTS: .

COUNCIL PRESIDENT - ILAN PLAWKER

AYE S:ABSTAJN:

Manolio, Drimones, Kasoff, Parisi, Norton.Plawker

BOROUGH ATTORNEY - E. CARTER CORRISTON, ESQ.i

AYES: Plawker, Manolio, Drimones, Kasoff.Parisi, Norton

RESOLUTION 04-01

RE: APPOINT BOROUGH ATTORNEY FOR 2004

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of aBorough Attorney for the year 2004 to provide Legal services which are necessary for the operationof said Borough; and

WHEREAS, funds will be available by way of budget appropriations and passage ofbondordinances to compensate said Attorney, and;

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:II et seq) requires that theresolution authorizing the award of contracts for "professional services" without competitive bidsmust be publicly advertised;

NOW THEREFORE, BE IT RESO LVED by the Mayor and Council of the Borough ofEnglewood Cliffs as follows:

The Borough Attorney for the year 2004 is hereby designated as E. Carter Cor ris ton, Esq.The compensation for said position shall be comm ensurate with the services rendered by saidAttorney during the year,

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue ofNJ.S.A. 40A:11-7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

MAY 05 2009


2004-000008-REV1


04-08J ANUARY 7, 2003

BOROUGH AUDITOR - STEVEN WIELKOTZ

AYES : Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-02

RE: APPOINTMENT OF BOROUGH AUDITOR FOR 2004

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services ofaBorough Auditor for the year 2004 to provide Auditing services which are necessary for theoperation of said Borough; and

WHEREAS, funds will be available by way of budget appropriations and passage of bondordinances to compensate said Auditor, and .

WHEREAS, the Local Public Contracts Law (N.J.S.A.40A: II et seq) requires that theresolution authorizing the award of contracts for "professional services" without competitive bidsmust be publicly advertised;

NOW THEREFORE, BE IT RESOL VED by the Mayor and Council of the Borough ofEnglewood Cliffs as follows:

The Borough Auditor for the year 2004 is bereby designated as Steven Wielkotz.TIle compensation for said position shall be commensurate with the services rendered by saidAuditor during the year;

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue of NJ.S .A.40A:11-7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

BOROUGH ENGINEER - STEVEN BOSWELL

AYES: Plawke r, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000009-REV1


04-09JANUARY 4, 2004

RESOLUTION 04-04

RE: APPOINTMENT OF BOROUGH ENGINEER FOR 2004

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services ofan Engineer for the year 2004 to provide Engineering services which are necessary for the operationof said Borough; and

WHEREAS, funds will he available by way of budget appropriations and passage of bondordinances to compensate said Engineer, and

WHEREAS, the Local Public Contracts Law (NJ.S.AAOA: II et seq) requires that theresolution authori zing the award of contracts for "professiona l services" without competitive bidsmust be publicly advertised; .

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood Cliffs as follows:

•The Borough Engineer for the year 2004 is hereby designated as Steven Boswell .

The compensatiou for said position shall be commensurate with the services rendered by saidEngineer during the year;

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue ofNJ .S.A. 40A:1I -7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby autho rized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

MAY 05 2009


2004-000010-REV1


04-10JANUARY 7, 2003

BOND COUNSEL - DeCotii s, F itzpatri ck, & Cole

AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-04

RE: APPOINTMENT OF BOND COUNSEL FOR 2004

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a BondCounsel for the year 2004 to provide Legal services which are necessary for the operation of saidBorough; and

WHEREAS, funds will be available by way of budget appropriations and passage of bondordinances to compensate said Bond Counsel; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:rl et seq) requires that the resolutionauthorizing the award of contracts for "professional services" without competitive bids must bepublicly advertised;

NOW THERE FORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood Cliffs as follows:

The Borough Bond Counsel for the year 2004 is hereby designated as DeCom s, Fitzpatrick, andCole.

The compensation for said position shall be commensurate with the services rendered by said BondCounsel during the year;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofN.J.S.A. 40A:l1-7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper with ten (10) days from the date hereof.

TAX APPEAL ATTORNEY - STEVEN MUHLSTOCK, ESQ. & FffiM OF GITTLEMAN,MUHLSTOCK & CHEWCASKIE


MAY 05 2009


2004-000011-REV1


04-11J ANUARY 4, 2004

RESOLUTION 04-14

RE: APPOINT TAX APPEAL ATTORNEY FOR 2004

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services ofaTax Appeal Attorney for the year 2004 to provide Legal services which are necessary for theoperation of said Borough; and

WHEREAS, funds will be available by way of budget appropriations to compensate saidAttorney, and;

WHEREAS, the Local Public Contracts Law (NJ.S.A. 40A:II et seq) requires that theresolution authorizing the award of contracts for "professional se:vices" without competitive bidsmust be publicly advertised;


The Tax Appeal Attorney for the year 2004 is hereby designated as Steven M uhlstock, Esq.and the firm of Gittleman, Muhlstock & Chewcaskie.TIle compensation for said position shall be commensurate with the services rendered by said TaxAppeal Attorney during tbe year; .'

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue of N.J.S.A. 40A:1l-7 which specifically exempts such contracts from therequirements of public bidding . The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

BOROUGH ADMINISTRATOR (1 YEAR) - JOSEPH FAVARO


DEPUTY BOROUGH CLERK (1 YEAR) - DEBORAH FERRE


COMPLIANCE OFFICER (1 YEAR) - JOSEPH FAVARO

AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000012-REV1


04-12JANUARY 7, 2004

RESOLUTION 04-15

WHEREAS, the State of New Jersey has mandated that each Munic ipali ty have a PublicAgency Comp liance Officer; and

WHEREAS, the Borough of Englewood Cliffs is desirous of complying with the StateMandate;

NOW, THEREFORE BE IT RESOLYED that the Mayor and Council of the Borough ofEnglewood Cliffs hereby appoints Joseph Favaro, Borough Administrator, to the position PublicAgency Compliance Officer for the Borough of Englewood Cliffs, for the year 2004.

BUILDING INSPECTOR ( ONE YEAR)- ERIC SWANSON

AYES: Plawker, Manol io, Drimones, Kasoff, Parisi, 'Norton

ASSISTANT BUILDING INSPECTOR (ONE YE AR) - LINO BOCCHER

AYES: Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton

ENVrnONMENTAL INSPECTOR (ONE YE AR) - JOSEI'H BOCCHER


MUNICIPAL JUDGE (3 YEARS) - BONNIE MIZDOL


PROSECUTOR (1 YEAR) - MARC C. SAPERSTEIN, ESQ.


MAY 05 2009


2004-000013-REV1


04-13JANUARY 4, 2004

RESOLUTION 04-13

RE : APPOINT BOROUGH PROSECUTOR FOR 2004

WHEREAS, it is necessary for the Borough ofEnglewood Cliffs to engage the services ofaBorough Prosecutor for the year 2004 to provide Legal services which are necessary for theoperation of the Municipal Court ofsaid Borough; and

WHEREAS, compensation will be available by way of budget appropriations tocompensate said Attorney, and;

WHEREAS, the Local Public Contracts Law (NJ.SA 40A:11 et seq) requires that theresolution authorizing the award of contracts for "professional services" without competitive bidsmust be publicly advertised;


TIle Borough Prosecutor for the year 2004 is hereby designated as Marc C. Saperstein; andThis contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofN.J.S.AAOA:11-7 which specifically exempts ~uch contracts from the requirementsofpublic bidding. 0

The Borough Clerk is hereby authorized and directed to publish a copy of this resolution in thenewspaper within ten (10) days from the date hereof.

PUBLIC DEFENDER (1 YEAR) - ALB ERT WUNSCH ill


COURT ADMINISTRATOR (1 YEAR) - MARY McSPllUT


RECREATION DIRECTOR (1 YEAR) - NEIL J. VILL

AYES: Plawker, Drimones, Kasoff, Parisi, Norton

WORK FIRST - POOR LAW

ADMINISTRATE LAW (1 YEAR) - VICTORIA SWiRSKY


BOARD OF HEALTH (FOUR YEARS)-DIANECLARKE

AYES: Plawker, Mano1io, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000014-REV1


04-14JANUARY 4, 2004

BOARD OF HEATLH (FOUR YEARS) - DR. BURTON A. SCHERL


BOARD OF HEALTH (FOUR YEARS) - DR. PATRICK PERIN


COLLECTION SYSTEMS OPERATOR (I YEAR): BONAVENTURO, LLC


BOARD OF ADJUSTMENT (4 YEARS) - RALPH SLATERALTERNATE TO BOARD OF ADJUSTMENT (I YEAR) - ANTONIO SELVAGGIALTERNATE TO BOARD OF ADJUSTMENT (I YEAR) - SUSAN LEECOUNCIL REPRESENTATIVE TO BOARD OF ADJUSTMENT - THOMAS MANOLIO

AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi(Mr. Manolio abstained on his appointment as Council Representative)

THE FOLLOWING ARE MAYOR PARISI'S APPOINTMENTS TO THE PLANNINGBOARD: NO VOTE NECESSARY. .'

MEMBER (4 YEARS) - NASSER FARHADIANMEMBER (4 YEARS) - FRANK SORRENTINO illALTERNATE #1 TO PLANNING BOARD (I YEAR) - JILL ROS ENBERGBOROUGH REPRESENTATIVE TO PLANNING BOARD (I YEAR) - JOSEPH FAVARO

COUNCIL REP. TO PLANNING BOARD(I YEAR)-PATRICIADRIMONES

AYES:ABSTAIN:

Plawker, Manolio, Kasoff, Parisi, NortonDrimones

RECYCLING COORDINATOR (I YEAR) - RODNEY BIALKO


ROAD SAFETY DIRECTOR (I YEAR) - ARTHUR GOLDSTEIN

AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

FIRE PREVENTION OFFICIAL (l YEAR) - JOSEPH CARDULLO


MAY 05 2009


2004-000015-REV1


04-15J ANUARY 4, 2004

CONSTRUCTION BOARD OF APPEALS (3 YEARS) - OSCAR DiGffiOLAMOSECRETARY TO BOARD OF APPEALS (1 YEAR) - JOSEPH FAVARO


POLICE SURGEONS - DR. EUGENE BONACCI(1 YEAR) DR. MOUSSA ERSHADI

DR. JEROME GOLDFISHERDR. SALVATORE LaRAIADR. GARY GUARNACCIADR. L AWRENCE ROSENDR. MARK SIN GERDR. GEORGE WEINBEGERDR. CELEST HELVACIANDR. PATRICK PERIN

AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton,

SENIOR CITIZENS BOARD OF DIRECTORS - NEIL VILL (IYEAR)

AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton..SCHOOL CROSSING GUARDS (1 YEAR)

CATHERINE CAFIEROJOSEPHINE HENNJ OAN COLEGEROROSE MASTELLONE

AYES : Plawker, Mano lio, Drimones , Kasoff, Parisi, Norton

POLICE MAT RONS (1 YEAR)

CATHERINE CAFIEROROSE MASTELLONEJOSEPHINE HENNJOAN COLEGERO


ADA COORDINATOR (1 YEAR) - JOSEPH FAVARO


INSURANCE RISK MANAGER (1 YEAR) - AND REW DURKIN

AYES: Plawker, Manolio, Drimones, Kasoff, Parisi , Norton

MAY 05 2009


2004-000016-REV1


04-16JANUARY 4, 2004

RESOLUTION 04-11

WHEREAS, the Borough of Englewood Cliffs has resolved to join the South BergenMunicipal Joint Insurance Fund, a sel£'excess insured fund, following a detailed analysis and;

WHEREAS, the by-laws of said fund require that each municipality appoint a riskmanagement consuJtant to perform various professional services as detailed in the by-laws and;

WHEREAS, the by-laws indicate a minimum fee equal to six (6%) percent of the municipa lassessment which expenditure represents reasonable compensation for the services required and wasincluded in the cost considered by the mayor and council and;

WHEREAS the judgmental nature of the risk management consultant's duties renderscomparative bidding impractical .

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs doeshereby appoint Anthony Sorrentino as its risk management consultant in accordance with 40A:11-5and; .

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorizedand directed to execute the consultant' s agreement annexed hereto and to cause a notice of thisdecision to be published according to NJ .S.AAOA: 11-5 (I) (a) (i).

INSURANCE FUND COMMISSIONER (1 YEAR) - JOSEPH FAVAROINSURANCE SAFETY DELEGATE (1 YEAR) - RODNEY BIALKOPERSONNEL OFFICER (1 YEAR) - JOSEPH FAVARO "DEPUTY PERSONNEL OFFICER (1 YEAR) - DEBORA'H FERRELABOR ATTORNEY (1 YEAR) - E. CARTER CORRlSTON, ESQ.

AYES: Plawker, Manolio, Drimones, Kasoff Parisi, Norton

COUNCIL REPRESENTATIVE TO THE BOARD OF EDUCATION - ILAN PLAWKER

AYES:ABSTAIN:

Manolio, Drimones, Kasoff, Parisi, NortonPlawker

COUNCIL LIAlSON TO THE CHAMBER OF COMMERCE - JOSEPH PARISI, JR.

AYES :ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, NortonParis i

LEGISLATIVE LIAlSON - ILAN PLAWKER

AYES:ABSTAIN:

Manolio, Drirnones, Kasoff, Parisi, NortonPlawker

MAY 05 2009


2004-000017-REV1


03-17JANUARY 4, 2004

BOROUGH DEPOSITORIES

RESOLUTION 04-10

BE IT RESOLVED by the Borough Council of the Borough of Englewood Cliffs , in theCounty or Bergen, State of New Jersey that the PNC Bank, Fleet Bank, Hudson United Bank, andInterchange Bank be and the same are hereby designated as depositories for all the monies of theBorough of Englewood Cliffs during the year 2004; and

BE IT FURTHER RESOLVED that the said banks be and are hereby authorized to makepayments from the funds on deposit with them upon and according to signed checks, drafts , notesand/or acceptances of the Borough of Englewood Cliffs pursuant to the attached list of accounts andauthorized signatures. .

AYES: Plawker , Manolio, Drimones, Kasoff, Parisi, Norton

OFFICIAL NEWSPAPERS - THE RECORDJERSEY JOURNALPRESS JOURNALBERGEN NEWSNEWARK STAR LEDGER

;

AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

DEPUTY COORDINATOR - FIRE CHIEF, GEORGE DRIMONES - (I YEAR)

AYES:ABSTAIN:


MAY 05 2009


2004-000018-REV1


04-18JANUARY 4, 2004

EMERGENCY PLANNlNG COUNCIL (I YEAR) - APPOINTED BY MAYOR

MAYORPUBLIC SAFETYFIRE CHIEFFIRE DEPARTMENTAMBULANCE CORP. CAPTAINAMBULANCE CORP. PRESIDENTSUPT. PUBLIC WORKSSEC. BD. OF HEALTHSANITARY INSPECTORHEALTH OFFICERBUILDING INSPECTORPOLICE CAPTAINPOLICE LIEUTENANTRED CROSSIBERGEN CROSSROADSCHAMBER OF COMMERCETAX ASSESSOR, DAMAGESUPT. OF SCHOOLSBOROUGH ADMINISTRATOR

JOSEPH C. PARtSIJOSEPH PARtSI, JRGEORGE DRIMONESTHOMAS MANOLIOJOHN POSNERWALTER GUNDELRODNEY BIALKODEBORAH FERRETED WAGNERSAMYANOVICHALAN P, MARCUSWILLIAM GALLAGHERMICHAEL McMORROWMARK A. BERMANSHARI DiPALMAGEORGE REGGOPHILOMENA PEZZANOJOSEPH FAVARO

MAY 05 2009


2004-000019-REV1


04-19JANUARY 4, 2004

STANDING COMMITTEES: FffiST PERSON NAMED IS CHAIRPERSON

PUBLIC SAFETY:AMBULANCE CORPS:LIGHTING:TRANSPORTATION:BUILDING & GROUNDS:D.P.W:FINANCE:RECREATION:SANITATION:LEGAL:BEAUTIFICATION:REC YCLING:m STORICAL:CLEAN COMMUNITIES:ECONOMIC DEVELOP

PARISI, Plawker, KasoffDRIMONES, Parisi, NortonKASOFF, Manolio, DrimonesKASOFF, Manolio, DrimonesMANOLIO, Norton, Parisi, DrimonesMANOLIO, Norton, Parisi, DrimonesPL AWKER: Committee of the WholeNORTON, Drimones, ParisiDRIMONES, Manolio, KasoffKASOFF, Committeeof the WholeDRIMONES, Norton, Shade Tree CommissionMANOLIO, Norton, ParisiPLAWKER , Manolio, HistoriansKASOFF, Norton, Parisi, Shade Tree CommissionPLAWKER, Manolio, Drimones, Parisi, Chamber of Commerce

AYES: Plawker, Manolio, Drimones, Kasoff,Parisi, Norton

I

ON A MOTION BY PLAWKER, SECONDED BY KASOFF, RESOLUTION 04-07 WAS,OFFERED FOR ADOPTION:


RESO LUTION 04-07

TITLE: 2004 T EMPORARY BUDGET

WHEREAS, Section 40 A:4- 19 of Revised Statutes of the local Budget Act provides that,where any contracts , commitments or payments are to be made prior to the adoption of the2003 budget, temporary appropriations be made for the purposes and amounts required inthe manner and time therein provided; and

WHEREAS, the date of this resolution is within the first thirty days of January, 2003 ,and

WHEREAS, said temporary appropriations are limited to 26.25% of the totalappropriations in the 2003 budget, exclusive of any appropriations made for debt service,Public Assistance, and Capi tal lmprovement Fund in the said 2003 budget,

NO W, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that the following temporary appropriations b e made and that acertified copy of this resolution be transmi tted to the treasure r for his records.

MAY 05 2009


2004-000020-REV1


GENERAL GOVERNMENT:Admini strative and Executive:Salaries and WagesMiscellaneous Other ExpensesSalaries ofMayor and CouncilFinancial Administration:Other ExpensesAssessment of Taxes:Salaries and WagesOther Expenses

Collection ofTaxes:Salaries and WagesOther Expenses

Legal Services and CostsSalaries & Wages

Other ExpensesMunicipal Court: Inside CapSalaries and WagesOther Expenses

Engineering Services and Costs:Other Expenses

Pub lic Buildings and Grounds:Other Expenses

Planning Board:Salaries and WagesOther Expenses

Board of Adjus tment:Salaries and WagesOther Expenses

Shade Tree:Salaries and WagesOther ExpensesRental ofBuildingInsurance:Group InsuranceGeneral Insurance and BondsConstruction Board ofAppealsOther Expense

PUBLIC SAFETY:Fire:Salaries and WagesFire Hydrant ServicesOther Expenses

JANUARY 4, 2004

GENERAL APPROPRIATIONS

20,000.006,500 .004,500.00

10,000.00

4,000.00500.00

20,000.001,500.00

5,000.0010,000.00

2,000.00100.00

3,000 .00

16,000.00

2,000.0 05,000.00

2,000 .002,500.00

1,200.003,000.001,500 .00

150,704.0070,000 .00

500.00

15,000.0014,000.0012,000.00

04-20MAY 05 2009


2004-000021-REV1


JANUARY 4, 2004

Police:Salaries and WagesOther Expenses

Construction Code Official:Salaries and WagesOther Expenses

Fire Sub-Code Official:Salarie s and Wages

Plumbing Inspector:Salaries and Wages

Emergency Management:Salarie s and WagesOther Expenses

Uniform Fire Safety Act:Salaries and WagesOther ExpensesElevator Inspection OlEFirst Aid Organization Contribution

STREETS AND ROADSRoad Repairs and Maintenance:Salaries and WagesOther ExpensesGaso line

SANITATION:Garbage and Trash RemovalSewer System:Other ExpensesBergen County Utilities Authority Service Charge

UNEMPLOYMENT COMP INSURANCEOther Expense

HEALTH AND WELFARE:Board of Health:Salaries and WagesOther Expenses

Administration ofPublic Assistance:Salaries and WagesOther Expenses

796,954.0050,000 .00

10,000.001,000.00

3,000 .00

2,500.00

125.0050.00

4,500.00900 .00

5,000 .0010,000.00

90,000 .0015,000 .00

10,000.00

200,000 .00

4,500.00230,000.00

5,000.00

4,000.0014,000.00

100.00100.00

04-21MAY 05 2009


2004-000022-REV1


J ANUARY 4, 2004

UTILITIE S:Gas, Electric and WaterTelephoneWaterStreet lighting

RECREATION AND EDUCATION:Parks and Playgrounds:Salaries and WagesOther ExpensesSenior Citizens: Other ExpensesLibrary

STATUTORY EXPENDIT URES :Consolidated Police and Firemen's Pension FundPolice & Firemen's Retirement System ofNew JerseySocial Security (OASijPERS

MUNICIPAL COURT - Outside CapSalaries and WagesOther Expenses

DRUG & ALCOHOL ALLIANCE GRANTLocal Match

SENIOR CITIZEN BUS TRANSPORTATION

TOTAL GENERAL APPROPRIATIONS

DEBT SERVICE

Payment of Bond PrincipalInterest on BondsInterest on Notes

15,000.0010,000.001,000.00

30,000.00

10,000.0010,000.005,000.00

97,728.00

12,928.0060,000.0020,000.00

. 25,000.00

10,000.002,000.00

10,000.002,500.00

10,000.00

$2,180,389.00

850,000.00182,181.0061,500.00

03-22

TOTAL DEBT SERVICE $1,093,681.00

MAY 05 2009


2004-000023-REV1


04-23JANUARY 4, 2004

ON A MOTION BY PLAWKER, SECONDED BY NORTON, RESOLUTION 04-08WAS OFFERED FOR ADOPTION:


RESOLUTION 04-08

RE: FIX RATE OF INTEREST FOR LATE PAYMENT OF TAXES

WHEREAS, in accordance with the provisions ofN.J.SA 54:4-67 as amended, the governing bodyof each municipality may, by resolution fix the rate of interest to be charged for non-payment oftaxes or assessments, on or before the date on whicb they would become delinquent; and

WHEREAS, NJ.S.A. 54:4-67 as amended provides that the governing body by Resolution, mayprovide that no interest shall be charged if payment of any instalhne nt is made within 10 days afterthe date upon which the same become payable; ,

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough ofEnglewood Cliffs do hereby fix the rate of 8% (eight percent) interest per annum up to $1500.00:18% (eighteen percent) per annum thereafter to be charged for delinquent payment of anyinstallments not made within 10 days after the date upon which t?Xes become payable.

,BE IT FURTHER RESOLVED, that any installment received after the expiration of the graceperiod shall bear interest from the due date:

This resolution shall take effect inunediately.

ON A MOTION BY PLAWKER, SECONDED BY MANOLIO, RESOLUTION 04-09 WASOFFERED FOR ADOPTION:


MAY 05 2009


2004-000024-REV1


04-24JANUARY 4, 2004

TITLE : AUTHORIZE SIGNATORIES TO SIGN PAYROLL CHECKS

RESOLUTION 04-09

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its variousemployees to provide a continuity of payment in accordance with the schedules contained in theofficial salary ordinance of the Borough of Englewood Cliffs; and

WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing ofpayroll checks for the payroll period immediately prior to the formal approval of a salary voucher forsuch period;

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood cliffs that the authorized signatories be and they are hereby authorized to sign payrollchecks for borough Officers and employees in accordance withthe salary schedules contained withinthe official Borough salary ordinance for the pay period prior to formal approval of the voucherauthorizing payments by the Mayor and Council.

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its variousemployees to provide a continuity of payment in accordance with the schedules contained in theofficial salary ordinance of the Borough of Englewood Cliffs; and,

WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing ofpayroll checks for the payroll period immediately prior to the formal approval of a salary voucher forsuch period;

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood cliffs that the authorized signatories be and they are hereby authorized to sign payrollchecks for borough Officers and employees in accordance with the salary schedules contained withinthe official Borough salary ordinance for the pay period prior to formal approval of the voucherauthorizing payments by the Mayor and Council.

ON A MOTION BY DRIMONES, SECONDED BY KASOFF, RESOLUTION 04-16 WASOFFERED FOR ADOPTION.


MAY 05 2009


2004-000025-REV1


04-25JANUARY 4, 2004

RESOLUTION 04-16

RE: CASH MANAGEMENT PLAN

WHEREAS, NJ .S.A. 40A:5-14 requires the Borough of Englewood Cliffs to adopt aCash Management Plan; and

WHEREAS, the Borough of Englewood Cliffs adopts its Cash Management Planannually; and

WHEREAS, this Cash Management Plan shall be designated to assure tot he extentpract icable the investment of local funds in interest bearing accounts and may be modified fromtime to time in order to reflect changes in Federal or State law or regulations:

NOW, THEREFORE BE IT RESOLVED, that the'Borough of Englewood Cliffs CashManagement Plan be continued for 2004.

ON A MOTION BY PLAWKER, SECONDED BY DRIMONES, RESOLUTION 04-17WAS OFFERED FOR ADOPTION.

;


RESOLUTION 03-17

RE: CANCELLATION OF 2003 BUDG ET APPROPRIATIONS

WHERE AS, balances exist in various 2003 budget account(s) at present; andWHEREAS, it has been deemed by the Chief Financial Officer that these balances are

encumbered; andWHEREAS, it is the desire of the Mayor and Council to cancel said appropriations to

fund balances;NOW, THERE FORE, BE IT RESOLVED by the Mayor and Council of the Borough

of Englewood Cliffs, that the following 2003 appropriations are hereby canceled to fund balance:

Reserve for Tax AppealsCelebration ofPublic Events

Total Cancellations

$100,000.00$ 1,000.00

$101,000.00

MAY 05 2009


2004-000026-REV1


04-26JANUARY 4, 2004

MAYOR PARISI ASKED THE COUNCIL MEMBERS IF THEY HAD ANY REMARKSTHEY WISHED TO MAKE.

Councilman Kasoff thanked the residents for re-electing him to office. He stated that he wouldbe leaving of office of Fire Commissioner this year and wished the new commissioner, JosephParisi, Jr. much success. He noted that during his tenure as Fire Commissioner, he was able toobtain for the Department the new state of the art fire truck they had wanted.

Councilman Parisi also thanked the residents for his re-election and looked forward to continuinghis efforts on behalf the people of the Borough.

Councilwoman Norton thanked the residents for returning Councilmen Kasoff and Parisi tooffice . She looked forward to improving, even more, the recreation program of the Borough.

Counc ilman Plawker reiterated what he had stated at the Sine-die meeting. He again offered histhanks to the volunteers who served on all the Boards and Commissions.

Councilwoman Drimones wished everyone a Very Happy and-Healthy New Year.

Councilman Manolio also wished everyone a Very Happy New Year.

ON A MOTION BY MANOLIO, SECONDED BY DRIMONES, THE REORGANIZATIONMEETING WAS ADJOURNED. CARRIED.

ATTEST:

JOSEPH FAVARO, BOROUGH CLERK

APPROVED :

JOSEPH C. PARlSI, MAYOR

MAY 05 2009


2004-000027-REV1


04-27

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF January 21, 2004

CALL TO ORDER AT 6:30 P.M.


Counci l PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief Financial OfficerChief of PoliceSupt. of Public Works

nan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton, '

E. Carter Corriston, Esq.Edward MignoneJoseph Iannaconi, Jr.Lawrence WhitingRodney Bialko

ABSENT: Mayor Joseph C. Parisi

COUNClL PRESIDENT PLAWKER STATED:

Adequate notice of this meeting was given to the press and posted as required . Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the comp letion of typing andproofreading by the Municipal Clerk,

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

On a motion by Manolio, seconded by Norton, the following resolution 04- 19 was offered foradoption;

Ayes: Plawker, Manolio Drimones, Kasoff, NortonAbstentions: Parisi

MAY 05 2009


2004-000028-REV1


RE: CLOSE D SESSION

January 21, 2004

RESOLUTION 04-19

04-28

WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into closed session during apublic meeting, and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLYEO, that the Mayor and Council ofthe Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10A12:

Tax AppealsPersonnel- Departmental Positions, Police and DPW

Litigation regarding Unilever/Perrino

No action will be taken in closed session.Any action deemed necessary will be taken in public session.

Councilman Parisi recused himself and left the room during the portion of the closed sessiondiscussion regarding the litigation . ;

Closed session concluded at 7:25 PM. The meeting returned to open session .

Motion made by Manolio, seconded by Drimones to return to the open session of the caucusmeeting.

MINUTES OF THE: Caucus Meeting of December 17, 2003 and Regular Meeting of December17, 2003 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of December, 2003Court report of December, 2003Construction Code Official's Report of December, 2003Collector/Treasurer's Report of November, 2003

MAY 05 2009


2004-000029-REV1


January 21, 2004

ACTION TAKEN ON THE FOLLOWING COMMUNlCATIONS:

04-29

I. Construction Code Official: Martin Cadillac, 374 Sylvan AvenueOrdered filed.

2. Steven Muhlstock, Esq. : Tax Appeal Settlement Block 127, Lot 20.01 andBlock 132, Lot 3Place on Regular Agenda of the Connc il Meeting for action.

OLD BUSINESS:

Municipal Attorney, E. Carter Corriston asked Mrs. Fehre, to send a letter to residents affected by awater drainage problem in the vicinity of the Skolnick residence. He would like a meeting onSaturday, February 21, 2004. He asked that he be copied on the letter, as well as, Mr. Bialko, Mr.Mignone, and Mrs. Norton.

NE W BUSINESS:

The conncil discussed a letter that they were copied on from Mr. John Louglas to LancasterDevelopment. The Engineer, Ed Mignone explained the drainage situation in the Van Nostrand areaas it relates to the development there to the conncil. The conncil discussed reaching out to Mr.Louglas and sending a letter to the developer from Mr. Corristqn regarding the drainage of water inthe area ofdevelopment. The letter would be copied to Mr. Louglas and the conncil.,

Conncil President Plawker addressed a petition received by the Clerk's office regarding parklandslocated south of Van Nostrand Avenue and North of Irving Avenue. Residents residing on the deadend portion Hickory Street do not want any changes to the area. Mr. Plawker volnnteered to reachout to theses residents to explain the clean up project being proposed. Mrs. No rton suggested that becheck with the Shade Tree Commission regarding the exact plans.

Mrs. Norton annonnced that the field space was limited and that permi ts are needed for anyone to usethe fields for anything other than town sponsored events. She requested that all permit requests beforwarded to Mr. Vill to avoid any misnnderstandings.

ADJOURN:

Motion by Norton, seconded by Drimones the Caucus meeting was adjourned at 7:58PM.

ATTEST:

Deborah L. Fehre, Deputy Municipal Clerk

APPROVED:

JOSEPH C. PARISI, MAYOR

MAY 05 2009


2004-000030-REV1


MAY 05 2009


2004-000031-REV1


04-30


MINUTES OF THE REGULAR MEETING OF J anuary 21, 2004


PRESENT AT ROLL CALL :

Council PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALS O PRESENT :

Municipal AttorneyMunicipalIOngineerChief ofPoliceSuperintendent DPWDeputy Clerk

ABSIONT:Mayor

FLAG SALUTE LEAD BY:

Council President nan Plawker

nan PlawkerThomas ManolioPatricia DrimonesJenyKasoffJoseph Parisi, Jr.Lynn Norton'

10. Carter Corriston, Esq.Edward MignoneLawrence WhitingRodney BialkoDeborah Fehre

Joseph C. Parisi

CO UNCIL PRESIDENT PLAWKER STAT ED:

ADIOQUATIO NOTICIO OF rms MIOflING WAS GNION TO THE PRIOSS AND PO STIOD ASRIOQUIllliD. DATIO AND TIME: OF rms MIOflING WAS LIOGALLY GIVE:N AS RIOQUIllliDBY THE "OPION PUB LIC MIOflINGS ACT ."rms NOTICIO IS ON FILIO WITH Tlffi MUNICIPAL CLIORK AND POSTIOD ON rasBULLflIN BOARD.MINUTIOS OF rms MIOflING WILL BIO MADIO AVAILABLIO TO ras PUBLI C UPON rnsCOMPLIOTION OF TYPING AND PROOFRIOADING BY rns MUNICIPAL CLIORK.

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA M OTION BY M anolio, SECO NDED BY Parisi, AND CARRmD.

Caucus Meeting of December 17, 2003Regular Meet ing of December 17, 2003

MAY 05 2009


2004-000032-REV1


January 21, 2004 04-31

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PARISI,SECONDED BY NORTON, AND CARRIED.

Police Report of December 2003Court Report of December 2003Construction Code Officials Report of December 2003Collector Treasurer' s Report of November 2003

CLAIMS:

On a motion by Norton, seconded by Drimones, the Claims for the month of January, 2004 wereordered paid.

Ayes: Plawker, Manolio , Drimones, Kasoff, Parisi , Norton

COMMUNICATION S:

I. Construction Code Official: Martin Cadillac, 374 Sylvan Avenue

On a motion by Parisi, seconded by, Drim ones conununication was ordered to be filed.

RESOLUTIONS:

COUNCIL PRESIDENT PLAWKER STATED:" IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON TIllSEVENING, THEY MAY DO SO AT TIllS TIME."

Mrs. Sank thought that no cop ies of the resolutions were available. Several members of the publicand the deputy clerk informed Mrs. Sank that the copies were in tbe hall with the copies of theagenda. She inquired as to the location of the property receiving the tax appeal.

There were no further comments.

On a motion by, Parisi seconded by Manolio, Resolution 04-20 was offered for adoption :

ROLLCALL:AYES: P lawker, Murphy, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000033-REV1


January 21, 2004

RESOLUTION 04-20

04-32

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, The 200 Club has donated $1,500.00 to the Englewood Cliffs PoliceDepartment; and

WHEREAS, a check in the amount of $1,500.00 has been received by the Borough andhas been deposited in the Borough's account;

NOW, THEREFORE,

BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of The 200 Club.

On a motion by Manolio, seconded by Drimones, Resolution 04-21 was offered for adoption:

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-21TITLE: AUTHORIZE EXPENDITURE OF FUNDS FROM THE RECYCLING

TRUST ACCOUNT

WHEREAS, There is sufficient funds in the Recycling Trust Account

WHEREAS, The Department of Public Works is in need of a new vehicle

NOW, THEREFORE,

BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby authorizethe Superintendent to the Department of Public Works to purchase said vehicle recognizing thatthe purchase will be in accordance with the state statutes regarding the use of public funds forpurchasing.

On a motion by Parisi, seconded by Manolio, Resolntion 04-22 was offered for adoption:


MAY 05 2009


2004-000034-REV1


January 21, 2004

RESOLUTION 04-22

04-33

TITLE : AUTHORIZE AGREEMENT - COUNTY OF BERGEN AND BOROUGHOF E NGLEWO OD CLIFFS FOR AUTOMATED EMERGENCYTELEPHONE ALERTING SERVICE

WHEREAS, there exists a need for the County of Bergen, Office of Eme rgency

Management, Department of Public Safety to provide an automated telephone alerting sys tem

service (here inafter called "system") to be available 24 hours a day, seven days a week, and all

days per year to the seventy municipalities comprising the County of Bergen; and

WHEREAS, the Bergen County Board of Chosen Freeholders adopted Resolution No.

1434 on October 15, 2003 . authorizing the County to award a purchase contract to Swift Reach

Networks, 116 N. Franklin Turnpike, Ramsey, New Jersey 07446 (hereinafter known as the

"service provider") to provide the above-referenced system to those munic ipalities so desiring;

and

WHEREAS, The Borough of Englewood Cliffs wishes to utilize such a systemfor th e benefit of its citizen s; and !

WHEREAS, an agreement is necessary to delineate the respective responsibilities of theparties in connection therew ith; and

WHEREAS, the County shall pay 100% of the cost of initial installation, testing, andtrainin g of the system and 100% of the cost of the annual main tenance, testing and training of the'system; and

WHEREAS, The Borough of Englewood Cliffs shall pay 100% of the per-call cbarge of$0.07 for a 45 second message and $0.035 for a 30 second message with said charges being

incurred on a use-by-use basis and billed directly by the service provider.

NOW, THEREF ORE,

BE IT RESOLYED, that the Borough of Englewood Cliffs be and is hereby authori zed

to enter into an Agreement with the County of Bergen to utilize an automated telephone alerting

system service at any time during the County 's contract period with the service provider

(November 5, 2003 through Nove mber 4, 2004 with an option for an additional year); and be it

further

MAY 05 2009


2004-000035-REV1


January 21, 2004 04-34

RESOLVED, that the Mayor of the Borough of Englewood Cliffs be and is hereby

authorized to execute said Agreement in a form to be approved by Englewood Cliffs MunicipalCounsel.

On a motion by Manolio, seconded by Norton, Resolution 04-23 was offered for adoption:


RESOLUTIO N 04-23,

RE: TAX APPEAL SETTLEMENT, BLOCK 127, LOT 20,01; BLOCK 132, LOT 3

WHEREAS, Sylvanview Corporation is the owner of certain vacant land located in theBorougb of Englewood Cliffs, at Block 127, Lot 20.01, mid Block 132, Lot 3, located at thecomer of Sylvan and West Bayview avenues; and

WHEREAS, taxpayer has filed a real property tax appeal, which matter is presentlypending the Tax Court ofNew Jersey; and

WHEREAS, the Borough has reviewed and analyzed all relevant documents andappraisals of the premises; and

WHEREAS, it is the Borough Appraiser's opinion that the settlement is in the bestinterests of the Borough ofEnglewood Cliffs,

NOW, THEREFORE, BE IT

RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the TaxAppeal Attorney be and he is hereby authorized and directed to execute any and all documentsnecessary in order to settle litigation entitled Sylvanview Corp. v. Emdewood Cliffs, pending inthe Tax Court of New Jersey, so that the 2002 total assessment of $1,817,000 will be reduced to atotal of $1,680,000, and the 2003 total assessment of $1,817,000 will be reduced to a total of$1,680,000 with a refund of approximately $2,600, inclusive of both years, due taxpayer; and beit further

RESOLVED, that the aforesaid settlement is further predicated upon a waiver of any andall pre-judgment interest on any refund due to the taxpayer.

MAY 05 2009


2004-000036-REV1


J anuary 21, 2004 04·35

On a motiou by Parisi, seconded by Manolio, Resolution 04-24 was offered for ado ption:

ROLLCALL:AYES:

TITLE:

Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-24

ESTABLISHMENT OF PROCEDURES, ADOPTION OF PERSONNELPRACTICES, AND AUHTHORlZATION OF IMPLEMENTATION BYBOROUGH CLERK WITH REGARD TO ORDINANCE 04-03

WHEREAS, it is the policy of the Borough of Englewood Cliffs to treatemployees and prospective employees in a manner consistent with all applicableemployment laws and regulations including, but not limited to Title VII of the CivilRights At of 1964, as amended by the Equal Opportunity Act of 1972, the AgeDiscrimination in Employment Act, the Equal Pay for 'Equal Work Act, the Fair LaborStandards Act, the New Jersey Law Against discrimination, the Americans withDisabilities Act, the Family and Medical Leave Act, the Conscientious EmployeeProtection Act, the Public Employee Occupational Safety and Health Act, (the NewJersey Civil Service Act,) (the New Jersey Attorney General's guidelines with respect toPolice Department personnel matters,) the New Jersey Workers Compensation Act, the,Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and the OpenPublic Meeting Act; and, .

WHEREAS, the Borough of Englewood Cliffs has determined that there is a needfor personnel policies and procedures to ensure that employees and prospectiveemployees are treated in a manner consistent with these laws and regulations,

NOW, THEREFORE, BE IT RESOLVED, that these personnel policies andprocedures shall apply to all Borough officials, appointees, employees , volunteers andindependent contractors. In the event there is a conflict between these rules and anycollective bargaining agreement, personnel services contract or Federal or State law, theterms and conditions of that contract or law shall prevail. In all other cases , these policiesand procedures shall prevail, and

BE IT FURTHER RESOLYED, that this manual is intended to provide guidelinescovering public service by Borough employees and is not a contract. The provisions ofthis manual may be amended and supplemented from time to time without notice and atthe sole discretion of the Borough of Englewood Cliffs, and

BE IT FURTHER RESOLVED that to the maximum extent permitted by law,employment practices for the Borough shall operate under the legal doctrine known as"employment at will," and

MAY 05 2009


2004-000037-REV1


January 21, 2004 04-36

BE IT FURTHER RESOLVED that the Borough Cl erk and all

managerial/supervis ory personnel are responsib le for these employment practices, The

D eputy Clerk and the B orough Attorney sh all assist th e Borough C lerk in the

im plementation of th e policies and procedures in this manual.

On a motion by Manolio, seconded by Drimones, resolution 04-25 was offered for adoption.

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff, Pari si, Norton

RESOLUTION 04-25

WHEREAS, The Borough of Englewood Cliffs has received sealed bids pursuant to aResolution permitting the leasing of one additional location on the pre-existing communicationstower situated on block 513, Lots 4 and 5 on the Tax Map ~f the Borough of Englewood Cliffs,located at 10 Kahn Terrace, Englewood Cliffs, New Jersey; and

WHEREAS, the bids have been reviewed by the Municipal Attorney; and

WHEREAS, OMNIPOINT FACILITIES NETWO~ 2, LLC .. has provided the highestbid in the total amount of $30,618.60 for the first year; and ,

WHEREAS, it is the recommendat ion of the Municipal Attorney that the contract beawarded to OMNIPOlNT FACILITIES NETWORK 2, LLC; and

WHEREAS, OMNIPOINT FACILITIE S NETWORK 2, LLC; has successfu lly providedthe Borough with all documents required by the Notice to Bidders including a signed copy of theproposed lease;

NOW , THEREFORE, BE IT RESOLVED, that the Mayor and Co uncil of the Boroughof Englewood Cliffs does hereby award the lease rights for the third location on said tower toOMNIPOlNT FACILITIES NETWORK, 2, LLC; in the amount of $30,618.60 for the first yearand the Municipal Attorney is hereby authorized and directed to prepare the appropriateagreement therefor; and

BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to executethe lease which has been previo usly executed by Omnipoint Faci lities Network, 2 LLC .

MAY 05 2009


2004-000038-REV1


January 21, 2004 04-37

ORDINANCE INTRODUCTION

COUNCILMANMANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2004-02

AN ORDINANCE REPEALING ORDINANCE NO. 2002-16 AND AMENDING ANDCLARIFYING SECTION 30-7.10(b) PURSUANT TO NJSA 40:55D-62.1

AND NJSA 40:55D-62 OF THE BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

Councilman Manolio moved the ordinance be given its first reading-. So ordered.

The municipal attorney read the said ordinance by title. Counci~an Manolio moved the ordinance

be adopted on first reading and published in the press journal on January 28, 2004.

The public hearing to be beld on February 18, 2004. Motion was seconded by CouncilwomanDrimones.

The ordinance was approved at the first reading upon the call offue roll.o

AYES: Plawker, Manolio , Drimones, Kasoff, NortonCouncilman Parisi was recused himself


COUNCILWOMAN DRIMONES INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2004-03

AN ORDINANCE ESTABLISHING PROCEDURES TO ADOPT PERSONNELPRACTICES AND AUTHORIZING THE BOROUGH CLERK TO IMPLEMENT

SAID PRACTICES WITH ALL OFFICIALS, APPOINTEES, EMPLOYEES,PROSPECTIVE EMPLOYE ES, VOLUNTEERS, AND INDEPENDENT

CONTRACTORS OF THE BOROUGH OF ENGLEWOOD CLIFFS

MAY 05 2009


2004-000039-REV1


January 21, 2004 04-38

Councilwoman Drirnones moved the ordinance be give n its first reading. So ord ered .

TI,e depu ty municipal clerk read the said ordinance by title. Councilwoman Drirnones moved theordinance be adopted on first reading and published in the press journal on January 28, 2004

The public hearing to be held on February 18, 2004 Motion was seconded by Councilman Manolio.

The ordinance was approved at the first reading upon the call of the roll .

AYE S: Plawker, Manolio , Drirnones, Kasoff, Parisi, Norton


COUNClLMAN MANOLIO lNTRODUCED AN ORDINANCE ENTlTLED:

ORDINANCE 2004-04,

AN ORDINANCE AUTHORIZING THE BOROUqH OF ENGLEWOOD CLIFFSTO PROVIDE LEGAL COUNSEL AND INDEMNIFICATION FOR OFFICIALS,EMPLOYEES AND APPOINTEES OF THE BOROUGH IN CERTAIN ACTIONS

BROUGHT AGAINST SAID OFFICIALS , EMPLOYEES AND APPOINTEES.

Co uncihnan Manolio moved the ordinance be given its first reading. So ordered.

The deputy munic ipal clerk read the said ordinance by title . Councihnan Manolio moved theordinance be adopted on first reading and published in the press journal on January 28, 2004

TI,e public hearing to be held on February 18, 2004 Motion was seconded by CouncilwomanDrirnones.


ROLL CALL;AYES:ABSTENTIONS:

Plawker, Manolio, Drirnones, Kasoff, NortonParisi

MAY 05 2009


2004-000040-REV1


COMMITTEE REPORTS:

January 21, 2004 04-39

COUNCILMAN KASOFF:

No report

COUNCILMAN PARtSI:

Transportation, Beautification, Clean Communities

Publi c Safety, Legal

Councilman Parisi congratulated Englewoo d Cliffs Police Chief Lawrence Whiting regarding hisnew position as President of the Bergen County Chiefs Association. Councilman Parisi alsoannounced that there will be promotions to Sergeant and lieutenant within the police department. TIlepromotions will be approved at the February Mayor and Council meeting.

The Councilman will have a full report regarding the Fire Department next month. He noted that thepolice, fire and ambulance corps all did a superb job in the rescue of a pedestrian hit by a vehicle on9W. The injured person was airlifted from Witte Field to Hackensack Hospital.

COUNCILWOMAN NORT ON : Recreation

Councilwoman Norton reported that basketball and indoor soccer are ongoing. There will be a littleleague clinic in January. Sign up for Little League will take place on the following two Saturdays atUpper School on Charlotte Place for ages 8 through 12.

COUNCILMAN PLAWKER: Finance, Historical, Board of Education

Council President Plawker announced that articles for the Views on the Cliffs were overdue at thispoint. Please rush any articles for the paper to the Jehus.

COUNCILWOMAN DRlMONES:

No report

COUNCILMA.1\I MANOLIO:

Planning Board, Sanitation, Lighting

DPW, Building & Grounds, Recycling, Bd . Of Adj.

Councilman Manolio reported that the Board of Adjustment had one application from AT&Tregarding a cell tower at 120 Sylvan Avenue, that application was continued to the Febru ary meeting.Another application from Mart in Cadillac was withdrawn. Councilman Manolio also reported thatthe town looked great after so much snow fall. TIle DPW did a great job.

REPORT OF BOROUGH ATTORNEY:

Municipal Attorney E. Carter Corriston announced there would be a bond ordinance at the nextmeeting for Info Cop equipment.

REPORT OF BOROUGH ENGINEER:

No report

MAY 05 2009


2004-000041-REV1


NEW BUSINESS:

Janua ry 21, 2004 0440

Council President Plawker asked for volunteers to form a committee that may discuss futureconstruction planning with the Planning Board and the Board ofEducation.

PUBLIC PORTION: On a motion by Mano lio, seconded by Parisi, the meeting was opened to thepublic. Carried .

Resident Mrs. Breen what action the town was taking regarding the entrance and exit from VanNostrand to Hudson Terrace.

Mr. Corriston commented that the county engineer has been contacted, it will be looked into, thesituation is difficult because of the set up of the roadway. Follow up with the county will take place.

Residents Mrs . Goldschieder, Mr. Louglas, Mrs. Gagliano and Mrs. Breen all commented on thedrainage situation surrounding the new development on Van Nostrand Avenue .

The council responded that council discussed the situation during the .caucus meeting . A letter will besent to the developer by the municipal attorney Mr. Corriston. The municipal engineer Mr. Mignonewill monitor the situation. The possibility of a dye test was discussed in order to track the flow of thewater.

Mrs . Goldschieder claimed that a drainage pipe exists on the Louglas property. No one has locatedthis pipe to date. If the pipe exists the engineer will determine its usefulness.

Resident Dr. Vida! commented that the Mc Dermott Avenue homes will create a problem with thestorm drains on Castle Drive. Englewood does not clean up the back up that from the brook onMiddlesex.

Councilman Parisi suggested that perhaps a letter may be sent to Englewoo d and Flat Rock Brook.

Resident Mr. Leakas commented on the Martin Cadillac application to the Board of Adjustment. Hefeels that several ordinances have been violated.

Councilman Manolio recused himself during the ensuing discussion regarding Martin Cadillac.

Counc il President Dan Plawker thanked Mr. Leakas for calling attention to the situation of the treesbeing cut down to the council and that the council has taken measures to ensure that trees andlandscaping will be restored to the area.

Mr. Leakas noted that the residents were disappointed that they could not speak at the Board ofAdjustment meeting regarding Martin Cadillac. Mr. Corriston explained that once Martin Cadillacwithdrew their application there was no hearing to comment on.

Mr. Martin of Martin Cadillac, also a resident of Englewood Cliffs, commented that there was a lotof garbage and that the area was unkempt previously. He stated that he intends to improve the area,replace the fence that had holes in it and make it safer for the children at Upper School. He invitedtile residents to talk to him.

MAY 05 2009


2004-000042-REV1


January 21, 2004 04-41

Mr. Louglas noted that there had been a wall in the Van Nostrand development that was knockeddown. The new wall is smaller.

Resident Mrs. Sank asked if the council will respond to resident's complaints.

Mrs. Breen asked about the performance bond posted by Lancaster for the VanNostranddevelopment.

Mr. Corriston will look into it.

On a motion by Norton, seconded by Drimones, the public portion of the meeting was closed.Carried.

On a motion by Parisi, seconded by Manolio, the meeting was adjourned at 9:45 p.m.

ATTEST:

Deborah L. Fehre, Deputy Municipal Clerk

APPROVED:

JOSEPH C. PARtSI, MAYOR

MAY 05 2009


2004-000043-REV1


04-42


MINUTES OF THE CAUCUS MEETING OF FEBRUARY 18, 2004




ABSENT AT ROLL CALL:

Mayor

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceSupt. ofPublic Works


llanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

Joseph C. Parisi

E. Carter Corii ston, Esq.Edward MignoneLawrence WhitingRodney Bialko

Adequate notice ofthis meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.


MINUTES OF THE: Re-Organization Meeting of January 4, 2004 ; Caucus Me eting of January 21,2004; and Regular Meeting of.Tanuary 21, 2004 were placed on the Regular Agenda for approval.

MAY 05 2009


2004-000044-REV1


04-43FEBRUARY 18, 2004


Police Report of January, 2004Court report of January, 2004Construction Code Official's Report of January, 2004Collector/Treasurer's Report of December, 2003

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

04-26 Accept Donation from Marya Thomas Cobum04-27 Accept Donation from Chamber of Commerce04-28 Promote James Rice to Sergeant04-29 Promote James Rushworth to Sergeant04-30 Promote Tod Coletta to Sergeant04-31 Promote Ethienne Ershadi to Sergeant04-32 Promote Daniel Morrissey to sergeant04-33 Promote William LaRaia to Lieutenant04-34 Promote Timothy Regan to Lieutenant04-35 Promote Douglas Speidel to Lieutenant i

04-36 2004 Professional Services for Employee Assistance Program04-37 Bloodbome Pathogens Agreement for 200404-39 Estimate #3, Final, Sanitary Sewer Rehabilitation, Stage 6

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2004-05 Bond Ordinance, Police Equipment

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READING; PUBLIC HEARING and ADOPTION.

2004-022004-032004-04

Repeal 2002-16 and Clarify 30:7.l 0(b)Personnel PracticesIndemnification ofPersonnel

REPORT OF BOROUGH ENGINEER

Mr. Mignone reported that the developer on Van Nostrand had one more item to completebefore he could recommend the issuance of any CO's. Also the developer has built a berm thatshould help with any water runoff in the area.

MAY 05 2009


2004-000045-REV1


04-44FEBRUARY 18, 2004

NEW BUSINESS:

Mr. Parisi reported that a report from the Bergen County Engineer has been received with theirrecommendations as to how the traffic problem at Van Nostrand and Bayview Avenue might bealleviated. Mr. Parisi requested that a committee consisting of Mr. Mignone, Mr. Goldstein, Mr.Bialko, ChiefWhiting, and birnselfwould also research the situation.

Mr. Parisi also informed the Council that limited parking signs have been placed on VanNostrandAvenue west of 9W to stop the parking problem on that street.

Ms. Norton requested the Municipal Attorney research why circular driveways are only 10 feet wide.This width is not conducive with the size of many SUVs' and mini vans. Would it be possible toincrease the width to 12 feet.

ADJOURN: On a motion by Manolio, seconded by Kasoff;'the meeting was adjourned at 7:40p.m. Carried

ATTEST:

JOSEPH FAV ARO, MUNIClPAL CLERK

APP~OVED:

JOSEPH C. PARlS1, MAYOR

MAY 05 2009


2004-000046-REV1


04-45


MINUTES OF THE REGULAR MEETING OF FEBRUARY 18 2004





Mayor

ALSO PRESENT:

Municipal Attorn eyMunicipal Enginee rChief ofPolic eSuperintendentDPVV


nan Plawker [pres ided at Meeting]Thomas ManolioPatricia DrimonesJenyKasoffJoseph Parisi. Jr .Lynn Norton .

Joseph C. Parisi

E. Carter CorAston. Esq.Edward MignoneLawrence WhitingRodney Bialko

COUNCIL PRESIDENT PLAWKERSTATED:

ADEQUATE NOTICE OF THIS MEETING VVAS GNEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING VVAS LEGALLY GNEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE \VITI! THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING VVILL BE MADE AVAILAB LE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .

MAY 05 2009


2004-000047-REV1


04-46FEBRUARY 18,2004

MINUTE S OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY DRlMONES, SECONDED BY MANOLIO, AND CARRlED.

Re-Organization Meeting of January 4, 2004Caucus Meeting of March 19,2004Regular Meeting of March 19, 2004

THE FOLLOWING REPORTS WERE ORDERED FlLED ON A MOTION BY MANOLIO,SECONDED BY DRlMONES, AND CARRlED.

Police Report ofJanuary, 2004Court Report of January, 2004Construction Code Officials Report of January, 2004Collector Treasurer's Report of December, 2003

CLAlMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of February, 2004 wereordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff,;Parisi, Norton

MAY 05 2009


2004-000048-REV1


04-47FEBRUARY 18,2004

RESOLUTIONS:

COUNCIL PRESIDENT PLAWKER STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON rmsEVENING, THEY MAY DO SO ATTlllS TIME."

On a motion by Parisi, seconded by Drimones, Resolution 04-26 was offered for adoption:

ROLLCALL:AYES:

TITLE:

Plawker, Murphy, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-26

ACCEPT DONATION TO ENGLEWOOD ,CLIFFS POLICE DEPT.

WHEREAS, Marya Thomas Coburn has donated $1 ,000.00 to theEnglewood Cliffs Police Department; and

WHEREAS, a check in the amount of $1,000.00 has been received by theBorough and has heen deposited in the Borough 's account;

NOW, THEREFORE,

BE IT RESOLYED that the Englewood Cliffs Mayor and Council does herebyaccept the generous donation of Marya Thomas Coburn.

On a motion by Parisi, seconded by Norton, Resolution 04-27 was offered for adoption:

ROLLCALL:AYES:

TITLE:


RESOLUTION 04-27

ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, The Englewood Cliffs Chamber of Commerce has donated $2,500.00 to theEnglewood Cliffs Police Department; and


NOW, THEREFORE,

BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation ofThe Englewood Cliffs Chamber of Commerce .

MAY 05 2009


2004-000049-REV1


04-48FEBRUARY 18, 2004


ROLL CALL:AYES: Plawker, Manolio, Drim ones, Kasoff, Parisi , Norton

RESOLtrnION 04:28

RE: PROMOTION OF POLICE OFFICER

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous ofpromoting certain police officers to the position of Sergeant ; and

WHEREAS, it is the desire of the Council to render those appointments effective as ofFebruary 18, 2004;


RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that OfficerJames Rice be and is bereby promoted from the position of Patrohnan to Sergeant, said promotion tobe effective as ofFebruary 18,2004; and be it further

RESOLVED that Sergeant Rice's salary is to be as set forth in the 2004 Salary Ordinancefor Police Sergeant.

On a motion by Parisi, seconded by Plawker, Resolution 04-29 was offered for adoption:

RO LL CALL :AYES: Plawker, Manolio, Drim ones, Kasoff, Pari si, Norton

RESOLUTION 04-29


WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous ofpromoting certain police officers to the position of Sergeant; and



RESOLVED by the Mayor and Council of the Borough of Englewoo d Cliffs that OfficerJames Rushworth be and is hereby prom oted from the position of Patrohnan to Sergeant, saidpromotion to be effective as of February 18, 2004; and be it further

RESOLVED that Sergeant Rushworth 's salary is to be as set forth in the 2004 SalaryOrdin ance for Police Sergeant.

MAY 05 2009


2004-000050-REV1


04-49FEBRUARY 18, 2004

On a motion by Kasoff, seconded by Drimones, Resol ution 04-30 was offered for adoption:


RE: PROMOTION OF POllCE OFFICER




RESOLVED by the Mayo r and Council of the Borough of Englewood Cliffs that OfficerTod Coletta be and is hereby promoted from the position of Patrolman to Sergeant, said promotion tobe effective as ofFebruary 18,2004; and be it further

RESOLVED that Sergeant Coletta's salary is to b~ as set forth in the 2004 SalaryOrdinance for Police Sergeant.

On a motion by Norton, seconded by ManoUo, resolution 04-31 was offered for adoption.

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, Pari si, Norton

RESOLUTION 04,31





RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that OfficerEthienne Ershadi be and is hereby promoted from the position of Patrolman to Sergeant, saidpromotion to be effective as of February 18, 2004; and be it further

RESOLVED that Sergeant Ershadi 's salary is to be as set forth in the 2004 SalaryOrdinance for Police Sergeant.

MAY 05 2009


2004-000051-REV1


04-50FEBRUARY 18, 2004

On a motion by Plawker, seconded by Kasoff, reso lution 04-32 was offered for adoption.


RE : PROMOTION OF POLICE OmCER




RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that OfficerDaniel Morrissey be and is hereby promoted from the position of Patrolman to Sergeant, saidpromotion to be effective as ofFebruary 18, 2004; and be it further

RESOLVED that Sergeant Morrissey's salary is tq be as set forth in the 2004 SalaryOrdinance for Police Sergeant.

On a motion by Drimones, seconded by Norton, reso lution 04-33 was offered for adoption.


RESOLUTION 04-33


WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous ofpromoting certain police officers to the position of Lieutenant; and



RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that SergeantWilliam LaRaia be and is hereby promoted from the position of Sergeant to Lieutenant, saidpromotion to be effective as of February 18, 2004; and be it further

RESOLVED that Lieutenant LaRaia's salary is to be as set forth in the 2004 SalaryOrdinance for Police Lieutenant.

MAY 05 2009


2004-000052-REV1


04-51FEBRUARY 18, 2004

On a motion by Manolio, seconded by Parisi, resolution 04-34 was offered for adoption.


RESOL 0N04,.34


WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous ofpromoting certain police officers to the position ofLieutenant; and

WHEREAS, it is the desire of the Council to render those appointments effective as ofFebruary 18,2004; .


RESOLVED by the Mayor and Council of the Borough of.·Englewood Cliffs that SergeantTimothy Regan be and is hereby promoted from the position of Sergeant to Lieutenant, saidpromotion to be effective as of February 18, 2004; and be it further

RESOLVED that Lieutenant Regan 's salary is to be as set forth in the 2004 SalaryOrdinance for Police Lieutenant.

On a motion by Kasoff, seconded by Drimones, resolution 04-35 was offered for adoption.


RESOLUTION 04-35


WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous ofpromoting certain police officers to the position of Lieutenant; and



RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that SergeantDouglas Speidel be and is hereby promoted from the position of Sergeant to Lieutenant, saidpromotion to be effective as of February 18, 2004; and be it further

RESOLVED that Lieutenant Speidel 's salary is to be as set forth in the 2004 SalaryOrdinance for Police Lieutenant.

MAY 05 2009


2004-000053-REV1


04-52FEBRUARY 18,2004

On a motion by Manolio, seconded by Kasoff, resolution 04-36 was offered for adoptiou.


RESOLUTION 04-36

RE: AGREEMENT: 2004 PROFESSIONAL SERVICES FOR EMPLOYEEASSISTANCE PROGRAM

BE IT RESOLVED that the Mayor and Council of the Borough of Englewood Cliffsdoes hereby authorize the Mayor aud Municipal Clerk to sign the Agreement, between theCounty of Bergen and the Borough of Englewood Cliffs, for the 2004 Professional Servicesfor the Employee Assistance Program.

On a motion by Manolio, seconded by Drimones, resolution 04-37 was offered for adoption.

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff,Parisi, Norton

RESOLUTION 04-37,

TITLE: BLOODBORNEPATHOGENSCOMPLlANCEPROGRAM

WHEREAS, there exists a need for the Borough of Englewood Cliffs to provide statemandated health services of a technical and professional nature for the Bloodborne PathogensCompliance Program; and

WHEREAS, the Bergen County Department of Health Services can assure compliancein accordance with P.E.O.S.H.A. as follows: Exposure Control Plan Development; Policies andProcedures, Training Programs; and Record/Report Generation and Retention and billing supportdocumentation; and

WHEREAS, the Bergen County Department of Health Services has agreed to providepublic health services through a contract agreement with the Borough of Englewood Cliffs,Department of Health for the calendar year 2004; and

WHEREAS, the fee is to be in an amount not to exceed $2,100.00 for training andpurchase of the vaccine under State Contract based on $38.00 per vaccination and funds will beavailable for this purpose; and

WHEREAS, it has been certified that this meets the statutes and regulations concerningthe award of said contract;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs as follows:

MAY 05 2009


2004-000054-REV1


04-53FEBRU ARY 18,2004

1. That Joseph Favaro, Municipal Clerk is hereby authorized and directed to execute anagreement with the Bergen County Department of Health Services to perform public healthservices of a professional nature for the Bloodborne Pathogens Program for the period January I,2004 through December 31, 2004 at a cost in an amount not to exceed $2,I 00.00 for trainingand purchase of the vaccine under State Contract based on $38.00 per vaccination; and

2. This contract is awarded without competitive bidding in accordance with N.J.S.A.40A: 11 -5(2); and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified, inaccordance with N.J.A.C. 5:30-14.5 that sufficient legally appropriated funds will be available forthis purpose subject to appropria tion of funds in the 200 I adopted .budget.

On a motion by Manolio, seconded by Norton, resolution Oi39 was offered for adoption.


RE SOLUTION 04-39 I

;

TITLE: ESTIMATE #3 FINAL, SEWER REHABILITATION, STAGE 6

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #3 (FINAL) in the amount of$89,380.60 be paid; and

WHEREAS, a two year maintenance bond in the amount of $28,515.75, has beenplaced on file in the office of the Municipal Clerk;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough of Englewood Cliffs, does hereby approve the final payment of $89,380.60to National Water Main for work completed on the Sewer Rehabilitation, Stage 6.

MAY 05 2009


2004-000055-REV1


04-54FEBRUARY 18, 2004

COUNCILMAN PARISI INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE IINTRODUClflON

ORDINANCE 2004-05

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS,IN THE COUNTY OF BERGEN, NEW JERSEY, PROVID ING FOR

THE ACQillSITION FO COMPUTER HARDWARE AND SOFfWAREFOR USE BY THE BOROUGH OF ENGLEWOOD CLIFFS POLICEDEPARTMENT AND APPROPRIATING $135,000 THEREFOR, AND

PROVIDING FOR THE ISSUANC E OF $128,250 IN .BONDS OR NOTESOF THE BORO UGH OF ENGLEWOOD CLIFFS TO FINANCE THE SAME

Councilwoman Norton moved the ordinance be given its first reading. So orderedThe municipal clerk read the said ordinance by title. Councilwoman Norton moved the ordinancebe adopted on first reading and published in the Press Journal on February 26, 2004.

The public hearing to be held on March 24, 2004. Motion was seconded by CouncilwomanDrimones.

The ordinance was approved at the first reading upon the call of the roll.


ORDINANCES: PUBLIC HEARIN G AND ADOPTION

MR. PLAWKER CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

Mr. Parisi recused himself from the pro ceedings.

ORDINANCE 2004-02

On a motion by Manolio , seconded by Drimones, the public hearing on Ordinance 2004-02 wasordered held to a Special Meeting to be held on March 15, 2004 at 7:00 p.m.

Roll Call:AYES : Plawker, Manolio, Drimones, Kasoff, Norton

MAY 05 2009


2004-000056-REV1


04-55FEBRUARY 18,2004

MR. PLAWKER CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2004-03

AN ORDINANCE ESTABLISHING PROCEDURES TO ADOPTPERSONNEL PRACTICES AND AUTHOR1ZING THE BOROUGH

CLERK TO IMPLEMENT SAID PRACTICES WITH ALL OFFICIALS,APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES,

VOLUNTEERS, AND INDEPENDENT CONTRACTORS OF THEBOROUGH OF ENGLEWOOD CLIFFS

The clerk presented affidavit ofpublication, showing that advertisement bad been made according tnlaw, whicb was ordered filed. Mr. Plawker moved a public hearing be held on the ordinance. Soordered. Mr. Plawker moved the clerk read the ordinance hy title on second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one respondingMs. Drimones moved the hearing beclosed. So ordered.

,Councilwoman Drimones moved the ordinance be adopted ';)0 second reading and final passage,which motion was seconded by Councilman Manolio and adopted upon a caU of the roll.

AYE: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton


ORDINANCE NO. 2004-03

AN ORDINANCE ESTABLISHING PROCEDURES TO ADOPT PERSONNELPRACTICES AND AUTHORIZING THE BOROUGH CLERK TO IMPLEMENT SAIDPRACTICES WITH ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE

EMPLOYEES, VOLUNTEERS, AND INDEPENDENT CONTRACTORS OF THEBOROUGH OF ENGLEWOOD CLIFFS

BE IT ORDAINED by the Mayor and Council of the Borough of EnglewoodCliffs as foll ows:

SECTION I . The Borough of Eng lewood Cliffs shall by ordinance establish titles forpublic employment by the Borough and salary ranges for the Borough employees. (Saidtitl ed shall conform to the New Jersey Civil Service Act and regulations promulgated by the NewJersey State Department of Personnel).

MAY 05 2009


2004-000057-REV1


04-56FEBRUARY 18,2004

SECTION 2. The Borough of Englewood Cliffs shall by Resolution adopt andamend from time to time personnel po licies and procedures including rules concerningthe hiring and termination of employees, terms and conditions of employment, andregulations required to comply with applicable Federal and State employment related law. Thepersonnel policies and procedures adopted pursuant to said resolution(s) shall be applicableto all offic ials, appointees, employees, prospective employees, volunteers and independentcontractors of the Borough.

SECTION 3. The Borough Clerk shall be responsible to implement and enforce thepersonnel practices adopted by ordinance or resolution authorized pursuant to this section. Ifthere is a conflict between said personnel practices and any duly adopted and lawful collectivebargaining agreement, personnel services contract or Federal or Stat law, the terms andconditions of tha t contract or law shall prevail. In all other cases, the practices adoptedpursuant to this ordinance shall prevail.

SECTION 4. All ordinances or parts of ordinances other than the zoningordinance of the Borough which are inconsistent with the provisions of this chapter arehereby rep ealed to the extent of such inconsi stency.

SECTION 5. Should any part or provision of this Ordinan ce be hel dunco nstitutional or invalid, such decision shall not affect the validity of this Ordinance as awhole or any part thereof, other than the part held so uncons titutional or invalid.

SECTION 6. This ordinance shall take effect immediately upon passage andpublication as requ ired by law.

COUNCILMAN MANOLIO CALLED UP FOR SECOND READING AND ORDINANCEENTITLED:

ORDINANCE 2004-04

AN ORDINANCE AUTHOIUZING THE BOROUGH OF ENGLEWOOD CLIFFSTO PROVIDE LEGAL COUNSEL AND INDEMNIFICATION FOR OFFICIALS,EMPLOYEES AND APPOINTEES OF THE BOROUGH IN CERTAIN ACTIONS

BROUGHT AGAINST SAID OFFICIALS, EMPLOYEES AND APPOINTEES.

MAY 05 2009


2004-000058-REV1


04-57FEBRUARY 18, 2004

The Clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. SoOrdered. Manolio moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinance:

Ms. Sank, Charlotte Place

Mr. Manolio moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Mr. Kassoff and adopted upon a call of the roll.

AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Nortml

.,ORDINANCE NO. 2004-04

AN ORDINANCE AUTHORIZING THE BOROUGH OF ENGLEWOOD CLIFFS TOPROVIDE LEGAL COUNSEL AND INDEMNIFICATION FOR OFFICIALS,

EMPLOYEES AND APPOINTEES OF THE BOROUGH IN CERTAIN ACTIONSBROUGHT AGAINST SAID OFFICIALS, EMPLOYEES AND APPOINTEES.

i

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS AS FOLLOWS:

SECTION I. Except as hereinafter provided, the Borough of Englewood Cliffs ,

hereinafter known as the Borough shal l, upon the request of any present or former offic ial,

employee or appointee of the Borough provide for indemnification and legal defense of any civi l

action brought against said perso n or persons arising from an act or omission falling within thescope of their public duties.

SECTION 2. The terms of this ordinance and the definition of offic ial, employee and

appointee are to be construed liberally in order to effectuate the purposes of this ordinance exceptthat these teems shall not mean a) any person who is not a natural person; b) any person whi le

providing goods or services of any kind under any contract with the Borough except an

employment contract; c) any person while providing legal or engineering services for

compensation unless said person is a full-time emp loyee of the Borough; and d) any person who

as a condition of his or her appointment or contract is required to indemnify and defend theBorough and/or secure insurance.

SECTION 3. The Borough shall provide for defense of and indemnify any present or

former official ; employee or appointee of the Borough who becomes a defendant in a civil action

if the person or persons involved a) acted or failed to act in a matte r in which the Borough has or

had an interes t; b) acted or failed to act in the discharge of a duty imposed or authorized by law;

MAY 05 2009


2004-000059-REV1


04-58FEBRUARY 18,2004

and c) acted or failed to take action in good faith. For purposes of this ordinance, the duty and

authority of the Borough to defend and indemnify shall extend to a cross-claim or counterclaimagainst said person.

SECTION 4. The Borough shall not indemnify any person against the payment of

punitive damages , penalties, or fines, but may provide for the legal defense of such claims inaccord with the standards set forth herein. The Borough may refuse to provide for the defenseand indemnification of any civil action referred to herein if the Mayor and Council determine sthat

a) the act or omi ssion did not occur wi thin the scope of a duty authorizedor imposed by law;

b) the act or failure to act was the result of actual fraud, willful misconduct oractual malice of the person requesting defense and indemnification; or c) the defense of the actionor proceeding by the Borough would create a conflict of interest between the Borough and theperson or persons involved .

SECTION 5. In any other action or proceeding , including criminal proceedings, theBorough may provide for the defense of a present or former official, employee or appointee, ifthe Mayor and Council concludes that such representation is In the best interest of the Boroughand that the person to be defended acted or failed to act in accord with the standards set forth inthis ordinance..

SECTION 6. Whenever the Borough provides for the defense of any action set forthherein and as a condit ion of such defense, the Borough may assume exclusive control over therepresentation of such persons defended and such person shall cooperate fully and with theBorough.

SECTION 7. The Borough may provide for the defense of any action set forth herein andas a condition of such defense, the Borough may assume exclusive control over therepresentation of such persons defended and such person shall cooperate fully with the Borough.

SECTION 8. All ordinances or parts of ordinance s other than the zoning ordinance of theBorough which are inconsistent with the provisions of this chapter are hereby repealed to theextent of such inconsistency.

SECTION 9. Should any part or provision of this Ordinance be held unconstitutional orinvalid, such decision shall not affect the validity of this Ordinance as a whole or any partthereof, other than the part held so unconstitutional or invalid.

SECTION 10. This ordinance shall take effect immediately upon passage and publicationas required by law

MAY 05 2009


2004-000060-REV1


04-59FEBRUARY 18,2004

COMMlTfEE REPORTS:

COUNCILMAN KASOFF:

No Report

COUNCILMAN PARISI :

Fire, Transportation, Beautification, Clean Communities

Police, Planning Board, Legal

The Councilman attended his first Fire Department MeetingThe wet down for the new truck will take place on May 23"'.Councilman Parisi offered his congratulations to the newly promoted police officers.

COUNCILWOMAN NORTON: Recreation

Registration is taking place for Little League.The indoor soccer playoffs will take place soon.Softball registration is taking place now.Senior boys baseball registration will take place on February"20.

COUNCILMAN PLAWKER:

No Report

COUNCILWOMAN DRIMONES:

Finance, Historical, Board ofEducation

Sanitation, Lighting

The Planning Board approved a minor sub-division on First Street.

COUNCILMAN MANOLlO: DPW, Building & Grounds, Recycling, Bd. OfAdj.

Councilman Manolio welcomed back, Mr . Bialko , wbo had been ill.The Bd. of Adjustment held au application to the next meeting .

PUBLIC PORTION: On a motion by Manolio, seconded by Kasoff, the meeting was opened to thepublic. Carried.

The following persons spoke at the public portion of the meeting.

Mr. Leakis ; Ms. Breen; Mr. Guyer; Ms. Sank.

On a motion by Drimones, seconded by Manolio, the public portion of the meeting was closed.Carried.

On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 9:44, p.m .

MAY 05 2009


2004-000061-REV1


04-60FEBRUARY 18, 2004

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:


MAY 05 2009


2004-000062-REV1



AGENDADATE:

TIME:

PLACE:

MARCH 15, 2004

7:00 P.M.

COUNCIL CHAMBERS

PURPOSE: PUBLIC HEARING, ORDINANCE 2004-0~

*****************************************************************

ROLLCALL:

OPEN PUBLIC MEETINGS STATEMENT:

Public Hearing on Ordinance 2004-02

ADJOURN:

MAY 05 2009


2004-000063-REV1


04-61

BOROUGH OF EN GLEWOOD CLIFFSNEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCIL

DATE: MARCH 15, 2004

PURPOSE PUBLIC HEARING ON ORDINANCE 2004-02

CALL TO ORDER AT :


COUNCIL PRE SIDENTCOUNCILMANCOUNCILWOMANCOUNCILMANCOUNCILWOMAN


MAYORCOUNCILMAN

ALSO PRESENT :

MUNICIPAL ATTORNEYMUNICIPAL ENGINEER

ILANPLAWKERTHOMASMANOLIOPATRIClA DRlMONE SJERRYKAS'OFFLYNN NORTON

JOSEPH C. PARISI,JOSEPH PARISI, JR.,

E. C. CORRISTONEDWARD MIGNONE

OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF THIS SPECIAL MEETING WAS GIVEN TO THE RECORD ANDPRES S JOURNAL AND POSTED AS REQUIRED.DATE AND TIME OF rms SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BYTHE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POS TED ON THEBULLETIN BOARD.

MAY 05 2009


2004-000064-REV1


04-62MARCH 15, 2004

COUNCILWOMAN NORTON CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:


AN ORDINANCE REPEALING ORDINANCE NO. 2002-16 AND AMENDINGAND CLARIFYING SECTION 30-7.10(b) PURSUANT TO N.J.S.A. 40:55D-62.1

AND N.J.S.A. 40:55D-62 OF THE BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

The clerk presented affidavit of publicat ion, showing that advertisement had been made according tolaw, which was ordered filed . Councilwoman Norton moved a pub lic hearing be held on theordinance. So ordered. Councilwoman Norton moved the clerk .read the ordinance by title onsecond reading. So ordered. The clerk thereupon read the ordinance by title . The mayo r the nannounced that all interested parties wou ld now be given opportunity to be heard for or against theadoption of the ordinance.


Mr. Lubin, Esq., Attorney for Mr. PorrinoMr. Leakis, Rose AvenueMr. Dyer, Toni DriveMs. Goldscheider, Van Nostrand AvenueMr. Amtman, Hollywood AvenueMs . Sank, Charlotte PlaceMs. Gordon, Charlotte PlaceMr. Porrino, Esq.Mr. Campos

Mr. Corriston, Municipal Attorney, spoke on behalfof the Mayor and Council and explainedexactly what the intent ofthe ordinance was.

After all interested parties had spoken on the ordinance, Councilwoman Norton moved the hearingbe closed. So ordered.

Councilwoman Norton moved the ordinance be adopted on second reading and final passage, whichmotion was seconded by Councilman Kasoff and adopted upon a call of the roll .

AYE:ABSENT:

Plawker, Manolio, Drimones, Kasoff, NortonParisi

MAY 05 2009


2004-000065-REV1


04-63MARCH 15, 2004

AN ORDINANCE REPEALING ORDINANCE 2002-16AND AMENDING ANDCLARIFYING SECTION 30-7.10(b) PURSUANT TO N.J.S.A. 40:55D-62.1AND N.J.S.A. 40:55D-62 OF THE BOROUGH OF ENGLEWOOD CLIFFS

COUNTY OF BERGEN, STATE OF NEW JERSEY

WHEREAS, pursuant to N.J.S .A. 40:55D-89 ,the 2003 Periodic Re-Examination Reportwas presented to the Planning Board of the Borough of Englewood Cliffs on May 27,2003 by Kasler Associates, P.A.; and

WHEREAS, as a result of same the Planning Board of the Borough. of Englwood Cliffsadopted said Periodic Re-Examination of 2003 by Resolution of May 27, 2003; and

WHEREAS, a question has arisen as to the interpretation of the Zoning Ordinance as itrelates to buffer zones; and .,

WHEREAS, pursuant to the Periodic Re-Examination Report adopted by the PlanningBoard On May 27, 2003, the Governing Body of the Borough of Englewoo d Cliffswishes to clarify and amend Section 30-7.10(b) of the Zoning Ordinance of the Boroughof Englewood Cliffs; and "

WHEREAS, this amendment is consistent with the Master Plan and original ZoningOrdinance; and

WHEREAS, a question has arisen as to the adoption of Ordinance 2002-16.

NOW, THEREFORE, BE IT RESOLVED by the Governin g Body of the Borough ofEnglewood Cliffs as follows:

Ordinance No. 2002-16 is hereby repealed in its entirety.

Section 30-7.l 0(b) Zoning Ordinance of the Borough of Englewood Cliffs, ishereby amended to read as follows:

Residential lands which abut business zones are afforded buffers which are to belocated on the lots within the business zone . The size of the buffer zone imposed upon thelands zoned for business uses is based upon the location ofresidential land use .

Residential lots which abut lands which are zoned for business uses in the (B-1)Zone shall be afforded a buffer area of twenty (20) feet which shall be maintained on theB-1 Zone.

MAY 05 2009


2004-000066-REV1


04-64MARCH 15, 2004

Residential lots south of Hollywood A venue (or the former Hollywood AvenueRight-of Way) and north of Van Nostrand Avenue shall be afforded a fifty (50) footbuffer on any abutting lands zoned for business uses (B-2).

Residential lots north of Hollywood Avenue (or the former Holl ywood AvenueRight-of Way) and south of Samford Drive shall be afforded a one hundred and twenty(120) foot buffer on any adjoining lands zoned for business uses (B).

Residential lots north of Sanford Drive and south of the municipali ty boundarywith Tenafly shall be afforded a one hundred and twenty (120) foot buffer on anyadjoining lands zoned for business uses (B).

Residential lots which abut lands zoned for business uses in the B-3 Zone shall beafforded a buffer area of twenty (20) feet which shall be maintained on the B-3 Zone lot.

Residential lots which abut lands zoned for business uses in the B-3 Zone and areparallel to Fifth Street between the Fort Lee boundary and Bayview Avenue, east ofSylvan Avenue shall be afforded a buffer of twen ty-five (25) feet which shall bemaintained on the lots zoned for business use.

,Residential lots which abut lands zoned for business uses in the B-4 Zone shall be

afforded a buffer area of twenty (20) feet which shall be maintained on the lots zoned forbusiness use.

Residential lots utilized for recreational purposes shall not require buffering onthe lands zone for business uses.

BE IT FURTHER ORDAINED that this Ordinance is being amend ed pursuantto N.J.S.A. 40:55D-62.1.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law; and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances otherthan the zoning ordinance of the Borough which are inconsistent with the provisions ofthis chapter are hereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provision of this Ordinancebe held unconstitutional or invalid, such decision shall not affect the validity of thisOrdinance as a whole or any part thereof, other than the part held so unconstitutional orinvalid.

This ordinance shall take effect upon final adoption and publication according tolaw.

MAY 05 2009


2004-000067-REV1


04-65MARCH 15, 2004

Motion to adjourn by Manolio, seco nded by Norton and Carried.

ATTEST:

Joseph Favaro, Municipal Clerk

APPROVED:

lIanPlawker, Council President

MAY 05 2009


2004-000068-REV1


04-66BOROUGH OF ENGLEWOOD CLIFFS

BERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF MARCH 24, 2004



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Borough AttorneyBorough EngineerChiefofPoliceSupt. ofPublic Works



"

E. Carter Corriston Jr., Esq.Edward Mignone :Lawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Drimones, seconded by Plawker, resolution was offered for adoption.

ROLL CALL:

AYES: Plawker, Manolio, Drimones, Kasoff, Norton(Mayor Parisi and Councilman Parisi recused themselves because the MunicipalAttorney related that the discussion would be about the pending litigation)

MAY 05 2009


2004-000069-REV1


04-67MARCH 24, 2004

RESOLUTION 04-50RE: CLOSED SESSION

WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during apublic meeting, and


NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:412:

Any matter involving the purchase, lease or acquisition of real property..,Police Contract Negotiations

Any pending or anticipated litigation or contract negotiation.

Purchase of Property ,

The closed session began at 6:45 p.m, and ended at 7:25 p.m.

On a motion by Manolio, seconded by Drimones, the Council returned to open session.


MINUTES OF THE: Caucus Meeting of February 18,2004 and Regular Meeting of February 18,2004 were placed on the Regular Agenda for approval.


Police Report of February, 2004Court report of February, 2004Construction Code Official's Report of February, 2004Collector/Treasurer's Report of January and February, 2004

MAY 05 2009


2004-000070-REV1


04-68MARCH 24, 2004

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

TAX APPEAL ATTORNEY TAX APPEAL, WASSIL, 50 JANE DRIVE

Resolution 04-43, approving the settlement was placed on the regular agenda.

TAX APPEAL ATTORNEY TAX APPEAL, 360 SYLVAN & 44 SYLVAN AVE.

Resolution 04-44 and 04-45 approving the settlements was placed on the regular agenda.

TAX APPEAL ATTORNEY TAX APPEAL, UNITED WATER, 78 JOHNSONAVE.

Resolution 04-47, approving the settlement was placed on the regular agenda ..,THE FOLLOWING RESOLUllONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

04-4004-4104-4204-4304-4404-4504-4604-4704-48

04-49

APPOINT FIRE FIGHTER, SIDHASRTH B. LAKHANIINCREASE IN DEFERRED SCHOO~ TAXRAFFLE LICENSE, SISTERS OF ST. JOSEPH OF PEACE,TAX APPEAL SETTLEMENT, WASSIL, 50 JANE DRIVETAX APPEAL SETTLEMENT, 360 SYLVAN ASSOCIATESTAX APPEAL SETTLEMENT, 44 SYL ASSOCIATESTRANSFER OF FUNDSTAX APPEAL SETTLEMENT, UNITED WATER, 78 JOHNSONAUTHORIZE MAYOR AND CLERK TO SIGN LIBRARYAGREEMENTAUTHORIZE MAYOR AND CLERK TO SIGN FORESTRY PLAN

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2004-05 BOND ORDINANCE, POLICE EQUIPMENT

REPORT OF STANDING COMMITTEES

Councilman Kasoff:

Councilwoman Norton

Councilman Parisi:

Councilman Plawker:

Councilwoman Drimones:


Lighting, Sanitation


Finance, Historical , Board ofEducation

Recreation

MAY 05 2009


2004-000071-REV1


04-69MARCH 24, 2004

Councilma n Manolio:

NEW BUSINESS:

DPW, Building & Grouods, Recycling, Bd. Of Adj.

Resolution 04-48, authorizing the Mayor and Clerk to sign the Library Agreement, wasplaced on the regular agenda for approval.

Resolution 04-49, authorizing the Mayor to sign the Forestry Plan, was placed on the regularagenda for approval.

ADJOURN: O n a motion by Manolio, seconded by Kasoff, the meeting was adjourned at7:40p.m.

ATTEST: APPROVED:

JOSEPH FAVARO, MUNICIPAL CLERK JOSEPH C. PARISI, MAYOR

MAY 05 2009


2004-000072-REV1


04-70


MINUTES OF THE REGULAR MEETING OF MARCH 24, 2004



Ma yorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendent DPW

Joseph C. ParisiIlan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr. :Lynn Norton

E. Carter Corriston Jr. , Esq.Edward MignoneLawrence WhitingRodney BialKo

i

FLAG SALUTE LEAD BY COUNCIL PRESIDENT PLAWKER


ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF rnrs MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .

MAY 05 2009


2004-000073-REV1


04-71MARCH 24, 2004

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY DRIMONES, AND CARRIED.

Caucus Meeting of February 18, 2004Regular Meeting of February 18, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY PARISI, AND CARRIED.

Police Report of February, 2004Court Report of February, 2004Construction Code Officials Report of February, 2004Collector Treasurer 's Report of January and February, 2004

CLAIMS:

On a motion by Plawker, seconded by Mano lio, the Claims for the month of March, 2004 wereordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton,

MAY 05 2009


2004-000074-REV1


04-72MARCH 24, 2004

RE SOLUTIONS:

MAYOR PARISI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEY MAY DO SO AT THIS TIME."

On a motion by Manolio, seconded by Parisi, Resolution 0440 was offered for adoption:


RESOLUTION 04-40

RE: APPOINT VOLUNTEE R FIREMAN

WHEREAS , the Englewood Cliffs Vo lunteer Fire Departm ent has recommendedthe appointment of Sidharth B. Lakhani as an active member of the Englewood CliffsVolunteer Fire Department;

,NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the

Borough of Englewood Cliffs does hereby approve the membership of Sidharth B.Lakhani as an active member of the Englewood Cliffs Vo lunteer Fire Department.

On a motion by Plawker, seconded by Drimones, Resolution 04-41 was offered for adoption:

ROLL CALL:AYES:

TITLE:


RESOLUTION 04-41

AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXESFOR LOCAL SCHOOL TAXES

WHEREAS, the Division of Local Government services requires that the Governing Bodyof any municipality which has Deferred School Taxes must authorize any increase in the deferral ofany additional amounts; and

WHEREA S, the Governing Body has decided that an increase in Deferred School taxesis in the best interest of the Borough at this time;

NOW, THEREFORE BE IT RESOLVED by the Governing Body that the followingDeferred School Taxes be hereby increased for the year ended December 3I , 2003 as follows:

MAY 05 2009


2004-000075-REV1


04-73MARCH 24, 2004

Deferred LocalSchoolTaxes

Amount Deferred 12131/02Amount Deferred 12131/03

$3,335,262 .003,572,500.00

BE IT FURTHER RESOLVED by the Governing Body that a Certified copy of thisresolution be filed with the Director of the Division of Local Government Services.

On a motion by Manolio, seconded by Norton, Resolution 04-42 ~vas offered for adoption:


RESOLUTION 2004-42

RE: APPROVAL OF RAFFLE LICENSEID#133-4-7504GUILD FOR SISTERS OF ST. JOSEPH OF pEACE

WHEREAS, the GUILD FOR SISTERS OF ST. JOSEPH OF PEACE hasapplied for an On-Premise raffle license; and

WHEREAS, the GUILD FOR SISTERS OF ST. JOSEPH OF PEACE hascomplied with all requirements as outlined in N.J.A.C. 13; and

WHEREAS, the Findings and Determination has been certified by the Chief ofPolice;


RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffsdoes hereby approve the issuance of an ON PREMISE 50/50 raffle license to theGUILD FOR SISTERS OF ST. JOSEPH OF PEACE.

BE IT FURTHER RESOLVED that raffle will be conducted on NOVEMBER18, 2004, from 2:00 P.M. TO 3:00 P.M. at St. MICHAEL VILLA, 399HUDSON TERRACE in the Borough of Englewood Cliffs.

MAY 05 2009


2004-000076-REV1


04-74MARCH 24, 2004

On a motion by Plawker, seconded by Manolio, Resolution 04-43 was offered for adoption:


RESOLUTION 04-43

WHERAS, Lynchen Wassil, owuer of property at 50 Jane Drive, filed tax appeals foryears 2003 and 2004 challenging the assessments of $4.5 mill ion for those years; and

WHEREAS discovery has been completed and preliminary appraisal submitted; and

WHEREAS, settlement has been negotiated and recommended;


RESOLYED by the Mayor and Council of the Borough ofEnglewood Cliffs that the taxattorney be and is hereb y authorized and directed to execute any and all documents necessary inorder to effectuate settlement of the presently pending litigation entitled Wa ssil v. Borough ofEngl ewood Cliffs filed with the Tax Court under Docket Nos. 2669-03 and 576 8-03 by reducingthe assessments for tax years 200 3 and 2004 from $4.5 milliori' to a total of $3 million; and be itfurth er '

RESOLYED, that the aforesaid settl ements are predicated upon a waiver of any and allpre-judgment interest by the taxpayer.

On a motion by Manolio, seconded by Parisi, Resolution 04-44 was offered for adoption:

ROLL CALL :AYE S: Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-44

RE: TAX APPEAL SETTLEMENT, BLOCK 411, LOT 19

WHEREAS, 360 Sylvan Avenue is the owner of certain commercial property located at360 Sylvan Avenue in the Borough of Englewood Cliffs, also know n as Block 411, Lot 19; and

WHEREAS, taxpayer has filed a real property tax app eal, which matter is presentl ypend ing the Tax Court of New Jersey; and

WHEREAS, the Borough has reviewed and analyzed all relevan t documents andappraisals of the premises; and

WHEREAS, it is the Borough Apprais er's opinion that the settlement is in the bestinterests of the Borough of Englewood Cliffs,

MAY 05 2009


2004-000077-REV1


04-75MARCH 24, 2004


RESOLVED by tbe Mayor and Council of the Borough of Englewood Cliffs that the TaxAppeal Attorney be and he is hereby authorized and directed to execute any and all documentsnecessary in order to settle litigation entitled 360 Sylvan Associates. v. Englewood Cliffs,pending in the Tax Court of New Jersey, so that the 2002 and 2003 total assessment of$4,490,000 will be reduced to a total of $3.8 million, with a refund of approximately $13,000,inclusive of both years, due taxpayer; and be it further


On a motion by Manolio, seconded by Norton, resolution 04-45 was offered for adoption.


RESOLUTION 04-45

RE: TAX APPEAL SETTLEMENT, BLOCK 131, LOT a

WHEREAS, Syl Associates is the owner of certain commercial property located at 44Sylvan Avenue in the Borough of Englewood Cliffs, also known as Block 131, Lot I; and

WHEREAS, taxpayer has filed a real property tax appeal, which matter is presentlypending the Tax Court of New Jersey; and

WHEREAS, the Borough has reviewed and analyzed all relevant documents andappraisals of the premises; and

WHEREAS, it is the Borough Appraiser's opinion that the settlement is in the bestinterests of the Borough of Englewood Cliffs,


RE SOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the TaxAppeal Attorney be and he is hereby authorized and directed to execute any and all documentsnecessary in order to settle litigation entitled Syl Associates. v. Enl!lewood Cliffs, pending in theTax Court of New Jersey, so that the 2002 and 2003 total assessment of $3.5 million will bereduced to a total of $2.7 million, with a refund of approximately $15,000, inclusive of bothyears, due taxpayer; and be it further


MAY 05 2009


2004-000078-REV1


04-76MARCH 24, 2004

On a motion by Plawker, seconded by Parisi, resolution 04-46 was offered for adoption.

ROLLCALL:AYES: Plawker, Manolio , Drirnones, Kasoff, Parisi, Norton

RESOLUTION 2004-46

RE: TRANSFER OF FUNDS BETWEEN 2003 BUDGET APPROPRIATIONS

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2003 Budget appropriations be made:

FROM: Group InsurancePolice SIWFire SIW

TOTAL

$18,000.00$25,000.00s 1,625.00$ 2,919.00$47.544.00

TO: Legal OlEEngineeringConst. Code OffPolice OlEStreets & Roads OlEGarbage & TrashShade Tree OlESenior Cjtizens OlEUtilities,'Gas & Elec.

oStreets & Roads OlEPublic Bldg & GroundsPlanning Bd. OlE

TOTAL

$ 6,435.00$ 729.00$ 86.00$ 894.00s 5,537.00$27,946.00$ 526.00$ 491.00$ 523.00s 459.00$ 999.00$ 2,919.00

$47,544,00

On a motion by Manolio, seconded by Kasoff, resolution 04-47 was offered for adoption.

ROLL CALL:AYES : Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton

RESOLUTION 04-47

WHEREAS, Uni ted Water Co., owner of property located at 78 Johnson Avenue, alsoknown and designated as Block 1009, Lot 29, and consisting of a United Jersey water tank on 2.3acres of land in a residential zone, has appea led the 2002 and 2003 real property assessments,totaling $2,525,000 for each of the two years ; and

WHEREAS, the appeal is presently pending in the Tax Court ofNew Jersey; and

WHEREAS, the Borough appraiser and tax appeal attorney have recommended asettlement of the litigation, which the Council finds to be in the best interests of the municipality;and

MAY 05 2009


2004-000079-REV1


04-77MARCH 24, 2004

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that the tax appeal attorney be and is hereby authorized and directed toexecute any and all documents necessary in order to effectuate a settlement wherein the 2002 and2003 assessments would be reduced from $2,525,000 to $2,275,000, for each of the tax years inquestion; and be it further

RESOLVED that the aforesa id settlement is predicated upon waiver. of payment ofinterest on any refund.

On a motion by Norton, seconded by Parisi, resolution 04-48 was offered for adoption.

ROLLCALL:AYES:

TITLE:


RESOLUTION 04-48

AUTHORIZE MAYOR AND MUNICIPAL CLERK T O SIGNAGREEMENT WITH THE ENGLEWOOD LffiRARY

BE IT RESOLVED, that the Borough Council of theBorough of Englewood Cliffs doeshereby authorize the Mayor and Munic ipal Clerk to sign an Agreement between the Borough ofEnglewood Cliffs and the Englewood Library.

On a motion by Parisi, seconded by Norton, resolntion 04-49 was offer ed for adoption.


RESOLUTION 04-49

TITLE: AUTHORIZE MAYOR TO SIGN THE CO MMUNITYFORESTRY MANAGEMENT PLAN

BE IT RESOLVED, that the Borough Council ofthe Borough of Englewood Cliffs doeshereby authorize the Mayor and Munic ipal Clerk to sign an Agreement between the Borough ofEnglewood Cliffs and The New Jersey Forest Service.

MAY 05 2009


2004-000080-REV1


04-78MARCH 24, 2004

ORDINANCES: PUBLIC HEARING AND ADOPTION

COUNCILMAN MANOLIO CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2004-05

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio moved the clerk read the ordinance bytitle on second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.


Ms. Sank, Charlotte PlaceMr. Dyer, Toni Drive

After all interested parties had spoken on the ordinance, Parisi moved the hearing be closed. Soordered.

Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Nortou and adopted upon a call of the roll.

ROLLCALL:AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton


AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS, IN THECOUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR THE ACQUISITION OFCOMPUTER HARDWARE AND SOFTWARE FOR USE BY THE BOROUGH OFENGLEWOOD CLIFFS POLICE DEPARTMENT AND APPROPRIATING $135,000THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $128,250 IN BONDS ORNOTES OF THE BOROUGH OF ENGLEWOOD CLIFFS TO FINANCE THE SAME

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OFENGLEW OOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY (not less thantwo-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

MAY 05 2009


2004-000081-REV1


04-79MARCH 24, 2004

Section 1. The improvement or purpose described in Section 3 of this bond ordinance is

hereby authorized to be undertaken by the Borough of Englewood Cliffs, in the County of

Bergen,New Jersey (the "Borough") as a general improvement. For the improvement or purposedescribed in Section 3 hereof, there is hereby appropriated the sum 01$135 ,000 including the sumof $6,750 as the down payment for the improvement or purpose pursuant to the Local Bond Law.The down payment has been made available by virtue of the provision in the capital improvement

fund in one or more previously adopted budgets.

Section 2. In order to finance the cost of the improvement or purpose not covered by

applicat ion of the down payment or otherwise provided for hereunder, negotiable bonds or notes

are hereby authorized to be issued in the principal amount of $128,250 pursuant to the Local

Bond Law. In anticipation of the issuance of the bonds or notes, negotiable bond anticipation

notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the

Local Bond Law.

Section 3. (a) The improvement hereby authorized and the purpose for which

the bonds or notes are to be issued is the acquisition of computer hardware and software for use

by the Borough of Englewood Cliffs Police Department, and including all other work and

materials necessary therefore and incidental thereto.

(b) The estimated maximum amount of bonds or notes to be issuedfor the improvement or purpose is as stated in Section 2 hereof.

.cc) The estimated cost of the improvement or purpose is equal to theamount of the appropriation herein made therefore.

Secti on 4. All bond anticipation notes issued hereunder shall mature at such times as

may be determined by the chief financial officer; provided that no note shall mature later than oneyear from its date. The notes shall bear interest at such rate or rates and be in such form as may bedetermined by the chief financial officer. The chief financial officer shall determine all matters in

connection with notes issued pursuant to this bond ordinance, and the chief financial officer 'ssignature upon the notes shall be conclusive evidence as to all such determinat ions. All notesissued hereunder may be renewed from time to time subject to the provisions of the Local BondLaw. The chief financial officer is hereby authorized to sell part or all of the notes from time to

time, at not less than par and accrued interest, at public or private sale and to deliver them to thepurchasers thereof upon receipt of payment of the purchase price plus accrued interest from theirdates to the date of delivery thereof. The chief financial officer is directed to report in writing to

the governing body at the meeting next succeeding the date when any sale or delivery of the notespursuant to this bond ordinance is made. Such report must include the amount, the description,

the interest rate and the maturity schedule of tbe notes sold, the price obtained and the name ofthe purchaser.

MAY 05 2009


2004-000082-REV1


04-80MARCH 24, 2004

Section 5. The capital budget or temporary capital budget (as applicable) of the Borough

is hereby amended to conform with the provisions of this bond ordinance to the extent of anyinconsistency herewith. In the event of any such inconsistency and amendment, the resolution inthe form promulgated by the Local Finance Board showing full detail of the amended capitalbudget or amended temporary capital budget (as applicable) and capital program as approved bytbe Director of the Division of Local Goverrunent Services is on file with the Clerk and isavailable there for public inspection.

Section 6. The following additional matters are hereby determined, declared, recited andstated: .

(a) TIle improvement or purpose described in Section 3 of this bondordinance is not a current expense. No part of the costs thereof has been or shall be speciallyassessed on property specially benefited thereby.

(b) The period ofusefulness of the improvement or purpose, within thelimitations of the Local Bond Law, according to the reasonable life thereof computed from thedate of the bonds authorized by this bond ordinance, is 10 years.

(c) The Supplemental Debt Statement required by the Local Bond Lawhas been duly prepared and filed in the office of the Clerk, and a complete executed duplicatethereof has been filed in the office of the Director of the Division of Local Goverrunent Servicesin the Department of Community Affairs of the State of New Jersey. Such statement shows thatthe gross debt of the Borough as defmed in the Local Bond Law is increased by the authorizationof the bonds and notes provided in this bond ordinance by $128,250, and the obligationsauthorized herein will be within all debt limitations prescribed by that Law.

(d) An amount not exceeding $5,000 for items of expense listed in andpermitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for theimprovement or purpose.

Section 7. Any grant moneys received for the purposes described in Section 3 hereofshall be applied either to direct payment of the cost of the improvement or to payment of theobligations issued pursuant to this bond ordinance. The amount of obligations authorizedhereunder shall be reduced to the extent that such funds are so used.

Section 8. The full faith and credit of the Borough is hereby pledged to the punctual

payment of the principal of and the interest on the obligations authorized by this bond ordinance.

The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be

obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the

payment of the obligations and the interest thereon without limitation of rate or amount.

MAY 05 2009


2004-000083-REV1


04-81MARCH 24, 2004

Section 9. To the extent that any previous ordinance or resolution is inconsistent herewith

or contradictory hereto, said ordinance or resolution is hereby repealed or amended to the extentnecessary to make it consistent herewith.

Section 10. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Clean Communities received $3,367.00 from the NJDEP.for use by the Borough."

COUNCILMAN PARISI: Police, Fire, Legal

TIle Fire Department will conducting the "Wet Down" for the new fire truck on May 23,starting at 12 noon. Donations to the fire department will be accepted.

,The Councilman offered his congratulations to the newly appointed volunteer Fireman.

The Police will notify the community that the alarm company that is sending out literaturecontaining a letter from the Police Department, giving the apparent endorsement of thatcompany is doing so without permission. The Police Department does not endorse anyalarm company.

Council Parisi reported that He, Chief Whiting, Mr. Bialko and Mr. Goldstein met to comeup with a plan to help alleviate the traffic problem on VanNostrand Ave. and HudsonTerrace.

The parking problem by Toyota has been resolved.


TIle Indoor Soccer program is over. The 7"' & 8th grades made the semi-finals,

The Basketball season is over. A party will be held on Saturday.

TIle is the last week for the softball clinic. Columbia University aided in the clinic.

Little League practice begins this week. The season opens on April 10.

Senior Baseball and Girls Softball will be playing with Leonia teams.

MAY 05 2009


2004-000084-REV1


04-82MARCH 24, 2004

COUNCILMAN PLAWKER: Finance, Historical, Board ofEducation

A meeting on the 2004 Municipal Budget will be held soon.

The Councilman will investigate ways to enhance the Economic Financial base.

COUNCILWOMAN DRIMONES: Sanitation, Planning Board, Lighting

The Planning Board approved a Citi Corp application to install manual gates for useduring emergencies.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. OfAdj.

The Board ofAdjustment approved a variance on McDennott Way...The Board continued a hearing on a cell antennae.

PUBLIC PORTION: On a motion by Manolio, seconded by Drimones, the meeting was opened tothe public. Carried.

The following residents spoke:

Mr. Leakis:

Mr. Campos:

Ms. Goldscheider:

Ms. Sank:

Mr. Dyer:

Mr. DiNardo:

Ms. Breen:

Asked about Parking regulations

Asked what the total ratables were

Asked about the monitoring situation on VanNostrand.She also asked about the disposition of a storm drain pipe.

Asked why a special meeting was held on March 15 to adoptOrdinance 2004-02Why does the Chamber of Commerce sign say "Trillion DollarMile?"

Asked why the buffer zone behind Martin Cadillac was not beingenforced.

Complimented the DPW for the snow removal during last storm .

Asked who the Sgt. OfAnus was and the Parlimentarian were.Trucks were producing much dust on VanNostrand.Water was ponding in front ofher drivewayTrees were being removed from Citi Corp property causing theirbuilding to be seen by her. Also a pile of chemicals was on theground on the Citi Corp property.

MAY 05 2009


2004-000085-REV1


04-83MARCH 24, 2004

Ms. Goldscheider:

Mr. Leakis:

Mr. Oliff:

Asked where the buffers are in the South end of town.

Agreed that the DPW did a fine snow removal job.

Asked if the Bd. of Adjustment was an autonomous board.

On a motion by Norton, seconded by Manolio, the public portion of the meeting was closed.Carried.

On a motion by Norton, seconded by Drimones, the meeting was adjourned at 9:30, p.m.

ATTEST:


APPROVED:

JOSEPH C. PARISI, MAYORi

MAY 05 2009


2004-000086-REV1


04-84


MINUTES OF THE CAUCUS MEETING OF APRIL 14,2004



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman


Councilman

ALSO PRESENT:

Borough AttorneyBorough Enginee rChief ofPoliceSupt . of Public Works


Joseph C. ParisiDan PlawkerThomas Manoli oPatricia DrimonesJoseph Parisi, Jr. .Lynn Norton

Jerry Kasoff

E. Carter Corriston, Esq.Edw ard MignoneLawrence Whitin gRodney Bialko

Adequate ootice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.


On a motion by Manolio, seconded by Norton, resolution 04-56 was offered for adoption:

AYES :ABS ENT:

Plawker, Manolio, Drimones, Parisi, NortonKasoff

MAY 05 2009


2004-000087-REV1


04-85APRIL 14,2004





Any collective bargaining agreement or negotiations.

Ambulance Corp Stipend

Any pending or anticipated litigation or contract negotiation.

Change permitted use in B-3 Zone

;The closed session commenced at 6:45 p.m. and the open session reconvened at 7:25 p.m.

MINUTES OF THE: Special Meeting of March 15,2004; Caucus Meeting of March 24, 2004; andRegular Meeting ofMarch 24, 2004 were placed on the Regular Agenda for approval.


Police Report of March, 2004Court report of March, 2004Construction Code Official's Report of March,2004

ACTION TAKEN ON THE FOLLOWING COMM1JNICATIONS:

M unicipal Engineer Estimate #6, Final Payment, Stage 5, Sanitary Sewer Rehab.

Resolution 04-51, approving payment, was placed on the regular agenda for approval.Carried.

MAY 05 2009


2004-000088-REV1


04-86APRIL 14, 2004


04-51 Estimate #6, Final Payment, Stage 5, Sanitary Sewer Rehabilitation04-52 Recycling Tonnage Grant04-53 Appoint Jack V. Agresta as Volunteer Fireman04-54 Transfer of Liquor License 0216-33-006-00604-55 Authorize Mayor to sign contract with GTBM - Communications Equip.

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2004-06

NEW BUSINESS:

ADJOURN:

Amend Chapter IX, Demolition Permit: Security Requirement

The following Proclamations were placed on the regular agenda.

Commemorate Arbor DayCommemorate Armenian Martyr's Day

On a motion by Manolio, seconded by Norton, the meeting was adjourned at 7:45 p.m. Carried.

ATTEST:


APPROVED:


MAY 05 2009


2004-000089-REV1


04-87


MINUTES OF THE REGULAR MEETING OF APRIL 14, 2004



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman


Councilman

ALSO PRE SENT:


Joseph C. ParisiDan PlawkerThomas ManolioPatricia DrimonesJoseph Parisi, Jr. .Lynn Norton

Jerry Kasoff

E. Carter Corriston, Esq.Edward MignoneLawrence WhitingRodney Bialko

FLAG SALUTE LEAD BY COUNCIL PRE SIDENT ILAN PLAWKER

MAY OR PARISI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2004-000090-REV1


04-88APRIL 14, 2004

MlNUfES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY PLAWKER, SECONDED BY DRlMONES, AND CARRIED.COUNCILMAN PARISI ABSTAINED ON THE SPECIAL MEETING MINUTES.

Special Meeting ofMarch 15, 2004Caucus Meeting of March 19,2004Regular Meeting of March 19, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PARISI,SECONDED BY PLAWKER, AND CARRIED.

Police Report of March, 2004Court Report of March, 2004Construction Code Officials Report of March, 2004

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of April, 2004 wereordered paid.

Ayes:Absent:

,Plawker, Manolio, Drimones, Parisi, NortonKasoff

MAY 05 2009


2004-000091-REV1


04-89APRIL 14, 2004

RESOLUTIONS:



ROLL CALL:AYES :ABSENT:

Plawker, Murphy, Drimones, Parisi, NortonKasoff

RESOLUTION 04-51

TITLE: ESTIMATE #6, FINAL PAYMENT

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #6 and Final Payment in the amount of$47,892.29 be paid; and

WHEREAS, a two year maintenance bond in the amount of71,902.75, has been placed onfile in the office of the Municipal Clerk;

;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Counc il of theBorough ofEnglewood Cliffs, does hereby approve the final/payment of $47,892.29to Gotthold Paving for work comp leted on the Sewer Rehabilitation ofVarious Streets, Stage 5.

On a motion by Manolio, seconded by Drimones, Resolution 04-52 wa s offered for adoption :

ROLLCALL:AYES:ABSENT:


RESOLUTION 04-52

RE: TONNAGE GRANT APPLICATION RESOLUTION

WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102,has established a recycling fund from which tonnage grant may be made to municipalities inorder to encourage local source separation and recycling programs; and

WHEREAS, It is the intent and the spirit of the Mandatory Source Separation andRecycling Act to use the tonnage grants to deve lop new municipal recycling programs and tocontinue and to expand existing programs; and

MAY 05 2009


2004-000092-REV1


04-90APRIL 14, 2004

WHEREAS, The New Jersey Department of Environmental Protection is promulgatingrecycling regulations to implement the Mandatory source Separation and Recycling Act; and

WHEREAS, The recycling regulations impose on municipalities certain requirements asa condition for applying for tonnage grants, including but not limited to, making and keepingaccurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, A resolution authorizing this municipality to apply for such tonnage grantswill memorialize the commitment of this municipality to recycling and to indicate the assent ofthe Mayor and Council of the Borough of Englewood Cliffs to the efforts undertaken by themunicipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual authorized to ensure theapplication is properly completed and timely filed.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that Englewood Cliffs hereby endorses the submission of the recyclingtonnage grant application to the New Jersey Department" of Environmental Protection anddesignates Rodney Bialko to ensure that the application is properly filed; and

BE IT FURTHER RES OLVED that the monies received from the recycling tonnagegrant be deposited in a dedicated recycling trust fund to be used solely for the purposes ofrecycling.

On a motion by Parisi, seconded by Plawker, Resolution 04-53 was offered for adoption:

ROLLCALL:AYES :ABSENT:


RESOLUTION 04-53

RE: APPOINT VOLUNTEER FIREMAN

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of jack V. Agresta as an active member of the Englewood Cliffs Volunteer FireDepartment;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Boroughof Englewood Cliffs does hereby approve the membership of Jack V. Agresta as an activemember of the Englewood Cliffs Volunteer Fire Department.

On a motion by Parisi, seconded by Manolio, Resolution 04-54 was offered for adoption:



MAY 05 2009


2004-000093-REV1


04-91APRIL 14, 2004

RESOLUTION 04-54

TITLE: TRANSFER OF PLENARY LICE NSE #0216-33-006-006PERS ON TO PERSON

WHEREAS, an application has been filed for a person to person transfer of Plenary RetailConswnption License 0216-33-006-006 , heretofore issued to Chang Soon Inc. for premises locatedat 464 Sylvan Avenue, Englewood Cliffs, New Jersey 07632;

WHEREAS, the submitted applicat ion form is complete in all respects, the Sales Tax ClearanceCertificate is included, the transfer fees have been paid, and the license has been properl y renewedfor the current license term;

WHEREAS, the applicant is qualifi ed to be licensed according -to all standard established by Title33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent localordinances and conditions consistent with Title 33;

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all fundsused in the purchase of the license and the licensed business and all additional financing obtained inconnection with license business; and

WHEREAS, the following stipulations are to be adhered to by Shaddai, Inc;

I . No paring of employees vehicles on public streets2. No parkin g of valet parked vehicles on public streets3. All areas where valet and patron vehicles are parked shall be well lit.

NOW, THEREFORE BE IT RESOLVED that the Englewood Cliffs Governing body does herebyappro ve, effecti ve April 14,2004, the transfer of the aforesaid Plenary Retail Conswnption Licenseto Shaddai, Inc., and does hereby direct the Municipal Clerk to endorse the license certificate to thenew ownership as follows: "This license, subject to all its terms and conditions, is hereby trans ferredto Shaddai , Inc., effective April 14, 2004.

On a motion by Parisi, seconded by Drimones, Resolution 04-55 was offered for a doption:

ROLL CALL:AYE S:ABSENT:

Plawker, Manolio, Drirnones, Parisi, NortonKasoff

MAY 05 2009


2004-000094-REV1


04-92APRIL 14, 2004

RESOLUTION 04-55

TITLE: AUTHORIZE MAYOR, MUNICIPAL CLERK, MUNICIPALATTORNEY TO SIGN AGREEMENT WITH

BE IT RESOLVED, that the Borough Counc il of the Borough of Englewood Cliffs doeshereby authorize the Mayor to sign an contract between the Borough of Englewood Cliffs andG.T.B.M. Inc. for the installation and purchase of certain communications equipment and theservi ce of same for period of six (6) years.

COUNCILWOMAN DRIMONES INTRODUCED AN ORDINANCE ENTITLED:


ORDINANCE 2004-06

AN ORDINANCE AMENDING CHAPTER IX ENTITLED "BUILDING AND HOUSING"SPECIFICALLY SUBSECTION 9-20.1 DEMOLITION PERMIT: SECURITY

REQUIREMENTS '

Ms. Drimones moved the ordinanc e be given its first reading. So ordered.

The municipal clerk read the said ordinance by title. Ms. Drimones moved the ordinancebe adopted on first reading and pub lished in the Press Journal on April 22, 2004.

The public hearing to be held on May 19, 2004. Motion was seconded by Mr. Manolio.


AYES:ABSENT :

Plawker, Mano lio, Drimones, Parisi, NortonKasoff

ORDIiN


ORDINANCE 2004-07

AN ORDINANCE AMENDING CHAPTER VII ENTITLE D"TRAFFIC" SPECIFICALLY SUBSECTION 7-3.6

SCHEDULE IV - TIME LIMIT PARKING

MAY 05 2009


2004-000095-REV1


04-93APRIL 14, 2004

Councilman Parisi moved the ordinance be given its first reading. So ordered.The municipal clerk read the said ordinanceby title. Councilman Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on April 30, 2004.The public hearing to be held on May 19, 2004. Motion was seconded by Manolio.

The ordinance was approved at the first readingupon the call of the roll.

AYES:ABSENT:


COMMITIEE REPORTS:


The Chamber of Commerce will hold their annual golf outing during the second week ofAugust. :

Chief Whiting and Lt. Regan spoke at the Seniors Meeting on the subject of "Cons &Scams"

,The 50"'Witte Clinic will start on Saturday, April 16 at 9:30 a.m.

Sgt. Morrisseyhas celebrated his 141hyear on the police force

The Bergen County Police Chief thanked the Department for their support and dedication.Especially patrolman, David Hill.

Chief Whiting is keeping close watch on the problems caused by the construction on 9W.

Congratulations to Jack Agresta on his appointment to the Volunteer Fire Department


Saturday, April 16, is opening day for Little League, Girls Softball, and SeniorBaseball.

The girls will play half their games in Leonia and half in Englewood Cliffs.The Senior Baseball games will be held on Saturdays.

The Town sponsored Yankee game will take place on June 5"' at 4:05 p.m.

COUNCILMAN PLAWKER: Finance, Historical, Board ofEducation

Articles for the "Views on the Cliffs" are due.

MAY 05 2009


2004-000096-REV1


04-94APRIL 14, 2004

COUNCll..WOMAN DRIMONES: Sanitation, Planning Board, Lighting

Final approval was granted for a major sub-division on Bayview Avenue

COUNCll..MAN MANOLIO : DPW, Building & Grounds, Recycling, Bd. Of Adj.

Applications before the Board of Adjustment were held over to the next meetingbecause there was a death in the Attorney's family.

NEW BUSINESS:

PRO CLAMATION '

ARBOR DA Y 2004

WHEREAS, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculturethat a special day he set aside for the planting of trees; and

WHEREAS, this hol iday, ca lled Arbor Day, was first observed with the planting of morethan a million trees in Nebraska; and

WHEREAS, 2004 is the 132"" I anniversary of the holiday and Arb or Day is nowobserved thro ughout the na tion an d the world; and

WHEREAS, trees can reduce the ero sion of our precious topsoil by wind and water, cutheating and cooling costs, moderate the temperature, clean the air , produce life-giving oxygen,and provide habi tat for wild life; and

WHEREAS, trees are a renewable resource giv ing us paper, wood for our homes, fuelfor our fires, and beautify our community; and

WHEREAS, trees wherever they are planted , are a source ofj oy and spiritual renewal.

NOW, THEREFORE, 1 Joseph C. Parisi, M ayor of the Borough of Englewood Cliffs,do hereby proclaim April 30, 2004 as the 132"" anniversary celebration of

ARBOR D A Y

in the Borough of Englewood Cliffs, and I urge all citizens to celebrate Arbor Day and to supporteffort s to protect our trees and woodlands; and

FURT HER, I urge all citizens to plant trees to gladden the heart and promote the we llbeing of th is and future genera tions .

MAY 05 2009


2004-000097-REV1


04-95APRIL 14,2004


PROCLAMATION

WHEREAS, April 24th is a traditional day to remember the Armenians who,in 1915, were massacred and deported from their homeland by the Turkishgovernment while fighting for the rights offreedom of religion and freedom ofconscience held sacred by all freedom-loving people; and

WHEREAS, this day serves as an important reminder of man's inhumanityto man and prompts us to renew our vigilance against tyranny and promotethe principles of human dignity and human rights worldwide; and

WHEREAS, the Armenian people have a proud heritage and continue tomake valuable contributions to the cultural, economic social and politicaldevelopment of New Jersey and the United States; ~nd

WHEREAS, it is appropriate that we join with the Armenian community inNew Jersey commemorating the memory of the victims and survivors, inhopes that we, as a community and as individual citizens, will strive toovercome prejudice, hatred and indifference through learning, tolerance andremembrance;

NOW, I, Joseph C. Parisi, Mayor of the Borough of Englewood Cliffs, dohereby proclaim

APRIL 24, 2004and every

APRIL 24TH TO FOLLOW

as

ARMENIAN MARTYRS' DAY

In the Borough of Englewood Cliffs

MAY 05 2009


2004-000098-REV1


04-96APRIL 14, 2004

PUBLIC PORTION: On a motion by Manolio, seconded by Plawker, the meeting was opened tothe public. Carried.

The following people spoke at the public portion:

Ms. Sank: Asked about buffer zones

Mr. Dyer: Asked for a clarification ofhow the buffer zones were created.

Ms. Gagliano: Asked for help in alleviating the water probl em she is now encountering.

Mr. Leakes: Asked about the sub-division on Bayview Avenue.,

On a motion by Norton, seconded by Manolio, the public portion of the meeting was closed.Carried.

On a motion by Parisi, seconded by Manolio, the meeting was adjourned at 8:45 p.m.I

ATTEST:


APPROVED:


MAY 05 2009


2004-000099-REV1


04-97


MINUTES OF THE CAUCUS MEETING OF MAY 19, 2004



Council PresidentCouncilmanCouncilmanCouncilmanCouncilwoman


MayorCouncilwoman

ALSO PRESENT :

Borough AttorneyBorough EngineerCaptain ofPoliceSupt. ofPublic Works

nan Plawker (Acting as Mayor)Thomas ManolioJerry KasoffJoseph Parisi, Jr.Lynn Nnrton

Joseph C. ParisiPatricia Drimones .

E. Carter Corriston , Esq.Edward MignoneMartin BarrettRodney Bialko

COUNCIL PRESIDENT PLAWKER STATED:

Adequate notice ofthis meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Norton, seconded by Kasoff, resolution 04-65 was offered for adoption:

ROLL CALL:AYES:ABSENT:



WHEREAS, N.J.S .A. 10:4-12 allows for a public body to go into closed session during apublic meeting, and


MAY 05 2009


2004-000100-REV1


04-98MAY 19,2004

NOW, THEREFORE BE I'I' RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:412:

ANY PENDING OR ANTICIP ATED LITIGATION

Closed session started at 6:35 p.m. and ended at 6:50 p.m. TIle Council went back into opensession on a motion by Norton, seconded by Kasoff and canied.


MlNUfES OF THE: Caucus Meeting of April 14, 2004 and Regular Meeting of April 14,2004were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLAC ED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report ofApril, 2004Court report of April, 2004Construction Code Official's Report of April, 2004Collector/Treasurer's Report of March, 2004 i


Environmental Commission New Homes & Storm Water

On a motion by Norton, seconded by Parisi, Councilwoman Norton, Mr. Mignone, and Mr.Bialko were authorized to pursue the matter and to come with some possible solutions.


04-57 Certification of 2003 Audit Report04-58 Transfer of Liquor License 0216-33-004-01104-59 Authorize Mayor to sign Agreement with D.O.T.04-61 Authorize Mayor to sign Cross Acceptance Agreeme nt

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2004-082004-09

2004 Salary OrdinanceBond Ordinance: Improve RoadslPurchase Trucks

MAY 05 2009


2004-000101-REV1


04-99MAY 19,2004

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READING! PUBLIC HEARING.

2004-062004-07

OW BUSINESS:

Demolition permit: Security RequirementsAmend Traffic: Parking Time Limits(Second r eading will be postponed nntil the June 16'" meeting.Some adjustments have to made to the Ordinance)

On a motion by Norton, seconded by Kasoff, the minutes of January 3, 2003 and January 22, 2003were amended to show that Councilman Parisi had recussed himself on all matters pertaining to theintroduction and adoption ofOrdinance 2003-03 .

ROLL CALL:AYES:ABSENT:RECU SSED:

ADJOURN:

Plawker, Manolio, Kasoff, NortonDrimonesParisi

On a motion by Manolio, seconded by Parisi, the Caucus Meeting was adjourned at 7:30 p.m.Carried .

ATTEST:

JOSEPH FAVARO, MUNiCIPAL CLERK

APPROVED:


MAY 05 2009


2004-000102-REV1


04-100


MINUTES OF THE REGULAR MEETING OF MAY 19, 2004



Council PresidentCouncilmanCouncilmanCouncilmanCouncilwoman


MayorCouncilwoman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerPolice CaptainSuperintendent DPWMunicipal Auditor

nan Plawker (Acting Mayor)Thomas ManolioJerry KasoffJoseph Parisi, Jr.Lynn Norton

Joseph C. ParisiPatricia Drimones

E. Carter Corrlston, Esq.. ,Edward MignoneMartin BarrettRodney BialkoSteven Weilkotz

FLAG SALUTE LEAD BY: Council President Dan Plawker


ADEQUATE NOTICE OF r ms MEETING WAS GWEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF rms MEETING WAS LEGALLY GWEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rats NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD .MINUTES OF rms MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2004-000103-REV1


04-101MAY 19, 2004

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MAN OLIO, SECONDED BY PARISI, AND CARRIED.

Caucus Meeting of April 14, 2004Regular Meeting of April 14, 2004

INTRODUCTION OF 2004 MUNICIPAL BUDGET:

RESOLUTION 04-60

RE: Municipal Budget of tb e Borougb of Englewood Cliffs,County ofBergen for tbe Fiscal Year 2004

BE IT RESOLVED, that the following statements of revenues and appropriations shall

constitute the Municipal Budget for the year 2004;

BE IT F URTHER RESOLVED, that said Budget be publisbed in the Press Journal in the

issue of May 27,2004; and

BE IT FURTHER RESOLVED that the Governing Body of the Borough of EnglewoodCliffs does hereby approve the following as the Budget for the year 2004:



On a motion by Plawker, seconde d by Norton, re solution 04-63 was offered for adoption.

ROLL CALL:AYES:ABSENT:


RESOLUTION 04-63

WHEREAS, N.J.S.A. 40A:4- 78b bas autborized the Local Finance Board to adopt rulesthat permit municipalities in sound fiscal condition to assume the responsibili ty, normally grantedto the Director of the Division of Local Government Services, of conducting the annual budgetexamination, and

WHEREAS, N.J.A. C. 5: 3 0- 7 was adopted by the Local Finance Board on February

11,1 997; and

MAY 05 2009


2004-000104-REV1


04-102MAY 19,2004

WHEREAS, pursuant to NJ.A.C. 5:30-7.2 thru 7.5 the Borough of Englewood Cliffs hasbeen declared eligible to participate in the program by the Division of Local GovernmentServices, and the Chief Financial Officer has determined that the Borough meets the necessaryconditions to participate in the program for the 2004 budget year, so now therefore

BE IT RESOLVED, by the Borough Council of the Borough of Englewood Cliffs thatin accordance with NJ.A.C. 5:30- 7.6a & b and based upon the Chief Financial Officer'scertification. The governing body has found the budget has met the following requirements:

I . That with reference to the following items, the amounts have been calculated pursuant tolaw and appropriated as such in the budget:

a. Payment of interest and debt redemption chargesb. Deferred charges and statutory expendituresc. Cash deficit of preceding yeard. Reserve for uncollected taxese. Other reserves and non-disbursement itemsf. Any inclusions of amounts required for school purposes

2. That the provisions relating to limitation on increases of appropriations pursuant toN.J.S.A. 40A:4-45.2 and approp riations for exceptions to limits on appropriations foundat 40A:4-45.3 et seq. are fully met (Complies with the "CAP" law.)

3. That the budget is in such form, arrangement, and content as required by the LocalBudget Law and NJ .A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:a. All estimates of revenue are reasonable, accurate, and correctly stated,b. Items of appropriation are properly set forthc. In itemization, form, arrangement, and content the budget will permit the

exercise of the comptroller function within the municipality.

5. The budget and associated amendments have been introduced, publicly advertised, and inaccordance with the relevant provisions of the Local Budget Law, except that failure tomeet the deadlines of NJ.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED, THAT A COPY OF mrs RESOLUTION BEFORWARDED TO THE DIRECTOR OF THE DIVISION OF LOCALGOVERNMENT SERVICES.

MAY 05 2009


2004-000105-REV1


04-103MAY 19,2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY NORTO N,SECONDED BY MANOLIO, AND CARRIED.

Police Report ofApril, 2004Court Report of April , 2004Construction Code Officials Repo rt ofApril, 2004Collector Treasurer's Report of March, 2004

CLAIMS :

On a motion by Manolio, seconded by Norton, the Claims for the month of May, 2004 were orderedpaid .

Ayes:Absent:


MAY 05 2009


2004-000106-REV1


04-104MAY 19, 2004

RESOLUTIONS:

COUNCn.. PRESIDENT PLAWKER STATED:" IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEY MAY DO SO AT THIS TIME."

Ms. Sank asked for clarification on all the resolutions

On a motion by Manolio, seconded by Norton, R esolution 04-57 was offered for adoption:

ROLLCALL:AYES :ABSENT:

Plawker, Murphy, Kasoff, Parisi, NortonDrimones

RESOLUTION 04.,57

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made anannual audit of its books, accounts and financ ial transactions, and .

WHEREAS, The Annual Report of Audit for the year 2003 has been filed by a RegisteredMunicipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and acopy has been received by each member of the governing bodyt and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reportspertaining to the local fiscal affairs , as per R.S. 52:27BB-34, and

WHEREAS, The Local Finance Board has promulgated a regulation requiring that the governingbody of each municipality shall by resolution certify to the Local Finance Board of the State of NewJersey that all members of the governing body have reviewed, as a minimum, the section s of theannual audit entitled:

General Comments

Recommendations

and

WHEREAS, the members of the governing body have personally reviewed as a minimum theAnnual Report of Audit, and specifically the sections of the annual Audit entitled :

General Comments

Recommendations

as evidenced by the group affidavit form of the governing body, and

MAY 05 2009


2004-000107-REV1


04-105MAY 19, 2004

WHEREAS, Such resolution of certification shall be adop ted by the Governing Body no later thanforty-five days after the rece ipt of the annual audit, as per the regulations of the Local Finance Board,and

WHEREAS, All members of the governing body have received and have familiarized themselveswith, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, asstated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, Failure to comply with the promul gations of the Local Finance Board of the State ofnew Jersey may subject the members of the local governing body to the penalty provisions of R S.52:27BB-52 - to wit:

R. S. 52:27BB-52 - "A local officer or member of a localgoverning body who , after a date fixed for compliance. . .fails or refuses to obey an order of the director (DirectorofLoca l Government Services), under the provisions of this .Article, shall be guilty ofa misd emeanor and, upon convictionmay be fined not more than one thousand dollars ($1,000.00)or imprisoned for not more than one year, or both, in additionshall forfeit his office." ,

NOW, THEREFORE BE IT RESOLVED, That the governing body of the Borough ofEnglewood Cliffs, hereby states that it has complied with the promulgation of the Local FinanceBoard of the State ofNew Jersey dated July 30, 1968 and does hereby submit a certified copy of thisresolution and the required affidavit to said Board to show evidence of said compliance.

On a motion by Kasoff, seconded by Manolio, Resolution 04-58 was offered for adoption:

ROLL CALL:AYES:AB SENT:


RESOLUTION 04-58

TITLE: TRANSFER OF PLENARY LICENSE #0216-33-004-011PERSON TO PERSON

WHEREAS, an application has been filed for a person to person transfer of Plenary RetailConsumption License 0216-33-004-011 , heretofore issued to Come' Prima for premises located at 14Sylvan Avenue, Englewood Cliffs, New Jersey 07632; and

WHEREAS, the submitted application form is complete in all respects, the Sales Tax ClearanceCertificate is included, the transfer fees have been paid, and the license has been properly renewedfor the current license term;

MAY 05 2009


2004-000108-REV1


04-106MAY 19,2004

WHEREAS, the applicant is qualifi ed to be licensed according to all standard establisbed by Title33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent localordinances and conditions consistent with Title 33;

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all fundsused in the purchase of the license and the licensed business and all additional financing obtained inconnect ion with license business;

NOW, THEREFORE BE IT RESOLVED that the Englewood Cliffs Governing body does herebyapprove, effective May 19, 2004, the transfer of the aforesaid Plenary Retail Consumption License toInkad, LLC, 14 Sylvan Avenue, Englewood Cliffs, N.J. 07632, and does hereby direct the MunicipalClerk to endorse the license certificate to the new ownership as follows: "This license, subject to allits terms and conditions, is hereby transferred to Inkad, LLC effective May 19, 2004.

.,On a motion by Manolio, seconded by Parisi, Resolution 04-59 was offered for adoption:

ROLL CALL:AYE S:ABSENT:


RESOLUTION 04-59 .'

TITLE: AUTH ORIZE MAYOR TO EXECUTE AGREEMENT WITH D.O.T.

WHERAS, a traffic condition exists at the intersection of Middlesex Ave nue and U.S.Route 9W in the Borough of Englewood Cliffs in the County ofBergen, which requires theinstallation and operation of a semi-actu ated traffic control signal with pedestrian push buttonsand areas of presence detection in order to minimize the possibility of accident s; and

WHEREAS, it is necessary to expedite the safe movement and conduct of pedestrian andvehicular traffic; and

WHEREAS, the State of New Jersey has indicated its willingness to install a trafficcontrol signal at said intersection; and

WHEREAS, the State ofNew Jersey has proposed a form of Agreement pertaining tomain tenance of said traffic signa l;

NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough ofEnglewood Cliffs be and is hereby authorized to enter into an Agreement with the State of NewJersey, acting through its Commissione r ofTransportation, for the purpose aforesaid, a copy ofsaid Agreement being attached hereto and made a part hereof.

BE IT FURTHER RESOLVED that the Mayor of the Borough of Englewood Cliffs beand is hereb y authorized to execute said Agreemen t.

MAY 05 2009


2004-000109-REV1


04-107MAY 19,2004

On a motion by Manolio, seconded by Norton, Resolntion 04-61 was offered for adoption:



RESOLUTION 04-61

RESOLUTION A UTHORIZING PARTICIPATION OF

THE BOROUGH OFENGLEWOOD CLIFFS IN THE

STATE DEVELOPMENT AND REDEVELOPMENTPLAN

(State Plan) CROSS-ACCEPTANCE PROCESS

WHEREAS, the State Planning Act of 1985 (N.].SA 52:18A-196 et. Seq.) created a StatePlanning Commission and an Office of Smart Growth for the purpose of establishing acooperative planning process that involves the full participati~n of state, county and localgovernments; and,

WHEREAS, the State Planning Act states that New Jersey needs integrated and coordinatedplanning in order to conserve its natural resources, to revitali~e its urban centers, to provideaffordable housing and adequate public facilities at a reasonable cost, to promote equal social andeconomic opportunity for New Jersey's citizens, and to prevent sprawl and promote the suitableuse ofland; and,

WHEREAS, the primary duty and responsibility for the State Plannin g Commiss ion under theState Planning Act is the preparation of a "State Development and Redevelopment Plan," and,

WHEREAS, the State Planning Act also provides that the State's municipalities are to have anessential role in the development of the State Plan through their participation in the crossacceptance process to be conducted under the Act; and,

WHEREAS, the cross -acceptance process is the primary vehicle under the Act for promotingvertical coordination and integration of state, county and local plans by affording county andmunicipal governments a full and open opportunity to be involved in reconciling inconsistenciesbetween state and local policies; and,

WHEREAS, the Bergen County Board of Chosen Freeholders has concluded that it isappropriate, necessary and in the County's interest to fully participate in the development of theState Plan through the full and active participation of the County government, including inparticular its Planning Board and its Department of Plannin g, in the cross-acceptance process,

MAY 05 2009


2004-000110-REV1


04-108MAY 19, 2004

WHEREAS, the Governing Body of the Borough of Englewood Cliffs has concluded that it isappropri ate, necessary and in the municipality interest to fully participate in the development ofthe State Plan through the full and active participation of the Municipal government, including inparticular its Planning Board, in the cross-acceptance process,

NOW, THEREFORE, BE IT RESOLVED by the Borough of Englewood Cliffs as follows:

1. That the Borough of Englewood Cliffs is hereby authorized and directed to carry out the crossacceptance process pursuant to the State Planning Act, N.].S.A. 52:18A-I96 et. Seq. and the StatePlannin g Rules, N.J.A.C .. 17:32 and any other rules promulgated by the State PlanningCommission for this purpose :

2. That the Municipal Planning Board shall appoint a Cross-Acceptance representative responsiblefor participating in County-sponsored meetings, workshops, and questionnaires, as well ascommunicating information between the Municipal Planning Board , governing body, and CountyCross-Acceptance coordina tors. An alternate representative may also be appointed to representthe municipality should the primary representative be unavailable to fulfill hislherresponsibilities.


ORDINANCE 2004-08

2004 SALARY ORDINANCE

Councilman Parisi moved the ordinance be given its first reading. So ordered.The municipal clerk read the said ordinance by title. Councilman Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on May 27, 2004.

The public hearing to be held on June 16,2004. Motion was seconded by Councilman Manolio.


AYES:ABSENT:


MAY 05 2009


2004-000111-REV1


04-109MAY 19, 2004

COUNCILMAN MANOLlO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2004-09

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFSIN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR

THE VARlOUS IMPROVEMENTS FOR THE BOROUGH OFENGLEWOOD CLIFFS AND APPROPRIATING $825,000 THEREFOR

AND PROVIDING FOR THE ISSUANCE OF $783,750 IN GENERALIMPROVEMENT BONDS ORNOTES OF THE BOROUGH OF

ENGLEWOOD CLIFFS TO FINANCE THE SAME.

Councilman Manolio moved the ordinance be given its first reading.. So ordered.The municipal clerk read the said ordinance by title. Councilman Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on May 27, 2004

The public hearing to be held on June 16, 2004 Motion was seconded by Councilman Parisi.

The ordinance was approved at the first reading upon the call ofihe roll.

AYES:ABSENT:


On a motion by Manolio, seconded by Kasoff, resolution 04-62 was offered for adoption:


Plawker, Manolio, Kasoff, Parisi , NortonDrimones

RESOLUTION 04-62

WHEREAS, the Borough of Englewood Cliffs desires to constitute the 2004 TemporaryCapital Budget of said municipality by inserting therein the following project.

NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of EnglewoodCliffs as follows:

MAY 05 2009


2004-000112-REV1


04-110MAY 19, 2004

Section 1. The 2004 Temporary Capital Budget of the Borough of Englewood Cliffs ishereby constituted by the adoption of the schedule to read as follows: .

Temporary Capital Budget of the

Borough ofEnglewood Cliffs

County ofBergen, New Jersey

Projects Scheduled for 2004

Method ofFinancing

Project:EstimatedTotal Cost

Capital Improvement DebtFund Authorized Bonds

Various Improvements $825,000 $41,250 $783,750

Section 2. The Clerk be and is authorized and directed \0 file a certified copy ofthisresolution with the Division ofLocal Government Services Department of Community Affairs , StateofNew Jersey, within three days after the adoption of this project for 2004 Temporary CapitalBudget, to be included in the 2004 Permanent Capital Budget as adopted.


COUNCILMAN PARlSI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2004-06

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinance: Mr. Rubinsky : Clarification

After all interested parties had spoken on the ordinance, Mr. Parisi moved the hearing be closed. Soordered.

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Ms. Norton and adopted upon a call of the roll.

MAY 05 2009


2004-000113-REV1


04-111MAY 19,2004

ROLLCALL:AYES:ABSENT;


ORDINANCE 2004-06

AN ORDINANCE AMENDING CHAPTER IX ENTITLED "BUILDING ANDHOUSING" SPECIFICALLY SUBSECTION 9-20.1 DEMOLITION PERMIT:SECURITY

REQUIREMENTS

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs thatChapter XI, SUBSECTION 9-20.1 DEMOLITION PERMIT: SECURITY REQUIREMENTSshall be amended to include Subsection 9-20.1b to read as follows:

9-20.1b .,

Prior to the issuance of a building permit , or within three (3) business days afterdemolition is completed in accordance with a Borough demolition permit , all existing stormdrainage lines, including sump pump discharge lines, sanitary sewer laterals and/or potable waterlines must be physically plugged, capped and/or removed to prevent any discharge from said~. '

The site must be inspected by and approval granted from the Superintendent of PublicWorks or his designee before a building permit can be issued or further work can be conducted.

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the Borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part ofprovision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any part thereof, other than the part held so unconstitutional of invalid.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law.

On a motion by Kasoff, seconded by Parisi, the public hearing on Ordinance 2004-07 waspostponed until the meeting of June 16, 2004. Carried.

MAY 05 2009


2004-000114-REV1


04-112MAY 19,2004

COMMITTEE REPORTS:

COUNCILMAN KASOFF:

No Report

COUNCILMAN PARISI:


Police, Fire, Legal

Sgt. Todd Coletta celebrated his 16"' year on the E.C. Police Department

Letter ofThanks were received from the Seniors for information instruction from ChiefWhiting and Lt. Regan.

Letter of Thanks was received from new parents for information from Sgt. Ershadi and Pt!.Hill for teaching them about Car Safety while using Child Seats.

The Wittle Clinic picnic will take place on May 21 at 3:30. .

A large fire took place on April 3. A great job was done by the Police Dept. , Fire Dept. andthe Ambulance Corps .

Sunday, May 23, will be the wet down for the new fire truck.


Softball , Senior Baseball and Little League are all on going.Councilwoman Norton thanked the DPW for keeping the field in such great condition.

Summer Camp registration forms will be out next week.

Bowling will be offered in the fall, from September to May.

The locks will be activated on the tennis courts and keys are available at Borough Hal!.

Recreation is looking for someone who can teach young people to play chess.

COUNCILMAN MANOLIO: DPW , Building & Grounds, Recycling, Bd. OfAdj.

The Bd. ofAdjustment denied AT & T permission to move their cell antennae.

COUNCIL PRESIDENT PLAWKER informed the public that the CERT program is looking forvolunteers to work with the County Homeland Security. A meeting will take place on May 25 from1-4 and again from 4-10 p.m.

MAY 05 2009


2004-000115-REV1


04-113MAY 19, 2004

PUBLIC PORTION: On a motion by Manolio, seconded by Kasoff, the meeting was opened to thepublic. Carried.

Mr. Rubinsky: Negligent bike riders; blasting on FairviewMr. Campos: Bike ridersMs. Breen: Bike ridersMr. Leakes: Asked about the completion date for 9W

On a motion by Norton, seconded by Mano lio, the public portion of the meeting was closed.Carried.

On a motion by Manolio, seconded by Norton, the meeting was adjourned at 8:50 p.m.

ATTEST:


APPROVED:


MAY 05 2009


2004-000116-REV1


04-114


MINUTES OF THE CAUCUS MEETING OF JUNE 16, 2004


PRESENT AT ROLL CALL :

Council PresidentCounci lmanCouncilwomanCouncilman


MayorCouncilmanCouncilwoman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief Financi al OfficerChief ofPoliceSupt. of Public Works

Dan Plawker(Presiding in absence ofMayor)Thomas ManolioPatric ia DrimonesJerry Kasoff

Josepb C. ParisiJosepb Parisi, Jr.Lynn Norton '

;

E. Carter Coniston, Esq.Edward MignoneJosepb Iannaconi, Jr.Lawrence WhitingRodn ey Bialko




MINUTES OF THE: Caucus Meeting of May 19 and Regular Meeting of May 19, 2004 wereplaced on the Regular Agenda for approval.

MAY 05 2009


2004-000117-REV1


04-115JUNE 16, 2004


Police Report of May, 2004Court report of May, 2004Construction Code Official's Report of May, 2004Collector/Treasurer's Report of April, 2004

ACTION TAKEN ON THE FOLLOWIN G COMMUNICATIONS:

LEAGUE OF MUNICIPALITIES S-520, NEW PROPOSED LEGISLATION

Any decision on this matter will be made after consultation with the Englewood CliffsVolunteer Fire Department. Held until the July Meeting.

THE FOLLOWIN G RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

04-64 Appoint Community Development Representatives04-66 Oppose A-2073 and S-155804-68 Renew Plenary Licenses

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2004-072004-082004-09

Amend Chapter 7-3.6, Parking Time Limits2004 Salary OrdinanceBond Ordinance: Improve RoadsIPurchase Trucks

ADJOURN: On a motion by Manolio, seconded by Kasoff, the Caucus Meeting wasadjourne d at 6:55 p.m. Carried.

ATTEST:


APPROVED:

JOSEPH C. PARISI, MAY OR

MAY 05 2009


2004-000118-REV1


MAY 05 2009


2004-000119-REV1


04-116


MINUTES OF THE REGULAR MEETING OF JUNE 16,2004





Mayor

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief Financial OfficerChief ofPoliceSuperintendent DPWMunicipal Auditor

Ilan Plawker [Presiding in the absence ofMayor)Thomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr. .Lynn Norton

Joseph C. Parisi

E. Carter Corriston, Esq.Edward MignoneJoseph Iannaconi, Jr.Lawrence WhitingRodney BialkoSteven Weilkotz

FLAG SALUTE LEAD BY COUNCILMAN KASOFF


ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UP ON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

PUBLIC HEARING: 2004 MUNICIPAL BUDGET

On a motion by Drimones, seconded by Manolio, the publ ic was asked for comments on the 2004Municipal Budget. Carried.No questions or comments were offered by the public.

On a motion by Manolio, seconded by Norton, the public hearing was closed. Carri ed.

MAY 05 2009


2004-000120-REV1


04-117JUNE 16, 2004

On a motion by Manolio, seconded by Kasoff, resolution 04-67was offered for adoption.

Roll Call:Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-67

Be it resolved by the Mayor and Council of the Borough of Englewood Cliffs of the County ofBergen that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriationfor the purposes stated in the sums therein set forth as appropriations, and authorization of theamount of:

(a) $7.213.518.00 For muni cipal purp oses.

MINUTES OF THE FOLLOWING MEETINGS WERE ACC EPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY PARISI, AND CARRIED.

Caucus Meeting of May 19, 2004Regular Meeting of May 19, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY DRIMONES, AND CARRIED.

Police Report of May, 2004Court Report of May, 2004Construction Code Officials Report of May, 2004Collector Treasurer's Report of April, 2004

CLAIM S:

On a motion by Drimones, seconded by Manolio, the Claims for the month of June, 2004 wereordered paid.

Ayes: P1awker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000121-REV1


04-118JUNE 16, 2004

RESOLUTIONS:

COUNCIL PRESIDENT PLAWKER STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEYMAYDO SO AT THISTIME."

No member of the publicofferedany comments on any resolution.


ROLLCALL:AYES:

TITLE:

Plawker, Manolio, Drimones, Kasoff, Parisi,Norton

RESOLUTION 04-64

APPOINTMENT COMMUNITY DEVELOPMENT REPRESENTATIVES

WHEREAS, the Borough of Englewood Cliffs has entered into a Three YearCooperative Agreement with the County of Bergen as provided under the InterlocalServices Act, NJ.S.A. 40A:8A-I et seq. And Title I of the Housing and CommunityDevelopment Act of 1974; and

WHEREAS, said Agreement requires that one Municipal Representative beappointed by the Governing Body of the Community to be part of the CommunityDevelopment Regional Committee for the term of one year coinciding with the fiscalyear of July I, 2004 through June 30, 2005 .

NOW, THEREFORE, BE IT RESOLVED, that the governing body herebyappoints Marilyn Gittleman, 24 Booth Avenue Englewood Cliffs, N.J. 07632 as itsrepresentative to participate on the Community Development Regional Committee; and

On a motion by Manolio, seconded by Kasoff, Resolution 04-66was offered for adoption:


RESOLUTION 04-66

Re: Opposing Assembly 2073 and Senate 1558

MAY 05 2009


2004-000122-REV1


04-119JUNE 16, 2004

WHEREAS, as currently written A-2073 and S-1558 (aka the New Jersey Civil RightsAct) will prove extremely expensive to municipalities; and

WHEREAS, under this legislation, any allegation that due process was deficient willsubjec t a municipality to potential fee shifting that requires the municipality to pay thecomplaining party's attorneys fees; and

WHEREAS, almost every appeal of a municipal decision invariable involves anallegation concerning due process. Examples of matters that will become subject to fee shiftinginclude decisions relating to zoning variances, site plan applications, building permits, Board ofHealth applications, licenses of all sorts and personnel matters ; and

WHEREAS, the availabil ity of fee shifting will encourage additional litigation and willmake these cases more difficult to settle; and

WHEREAS, while the cost of this bill cannot be determined to any degree of certainty,the cost to New Jersey municipalities could easily be in the rangeof $25 to $50 million per yearor more; and .

WHEREAS, the last time fee shifting was extended to a new class of liability was in1994 when the Court opened the floodgates to hostile workplace litigation in the Toys R Usdecision. As a result, the cost of Public Officials and Employment Practices Liability lawsuitsagainst New Jersey municipalities tripled to approximately $25 million per year; and

WHEREAS, the New Jersey League of Municipalities and the Municipal ExcessLiability Joint Insurance Fund are negotiating amendments that will prevent an unnecessaryincrease in municipal costs while still protecting civil rights;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that the legislature be urged to exempt municipalities from A-2073 and S1558; and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to eachlegislator who represents Bergen County as well as the Governor, Senate President and AssemblySpeaker.

On a motion by Drimones , seconded by Manolio, Resolution 04-68was offered for adoption:


MAY 05 2009


2004-000123-REV1


04-120JUNE 16, 2004

RESOLUTION 04-68

TITLE: Renewal of Plenary Retail consumption Licenses

WHEREAS, applicat ion for Plenary Retail Consumption Licenses have been made by thefollowing and;

WHEREA S, no protests have been filed with the Municipal Clerk;

NOW, THEREFORE BE IT RESOLVED, that the Municipal Clerk be and be is herebyauthorized and directed to issue a P lenary Retail consumption License to the following applicants,subject to payment of the proper fees as set forth in the Borough Ordinance.

State Issued License Number

#0216-33-001-003

#0216-33-002-003

#0216-33-003-002

#0216-33-004-009

#0216-33-005-003

#0216-33-006-006

#02 16-33-007-006

#02 16-33-008-005

Name and Address

11K Restaurant Corp495 Sylvan Avenuer iA Assembly Steak House

Chiko Enterprise Inc. ..150 Sylvan Avenuer iA Crystal Palace

PKG Restaurant Corp487 Sylvan Avenueti»:Bicycle Club

Inkad LLC14 Sylvan Avenuer iA Care Italiano

484 Sylvan Avenue Corp484 Sylvan Avenuer iA Grissini

Shaddai, Inc. [Chang Soon Inc.]464 Sylvan Avenuer iA Mama Mexico

RDA Restaurant Inc.717 Palisade Avenuer iA Royal Cliffs Diner

Jamie' s Beverage Corp574 Sylvan AvenueZanni

MAY 05 2009


2004-000124-REV1


04-121JUNE 16,2004


COUNCILWOMAN DRIMONES CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2004-07

AN ORDINANCE AMENDING CHAPTER VII ENTITLED"TRAFFIC SPECIFICALLY SUBSECTION 7-3.6

SCHEDULE IV - TIME LIMIT PARKING."

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Ms. Drimones moved a public hearing be held on the ordinance. Soordered. Ms. Drimones moved the clerk read the ordinance by title o n second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinance :

Mr. Kubicki, Marjorie Terrace, requested that the parking regulations on MarjorieTerrace go from Palisade Avenue to Loretta Court instead ofDemarest Avenue.

After all interested parties had spoken on the ordinance, Ms. Drimones moved the hearing be closed.So ordered.

On a motion by Parisi, seconded by Drimones, Ordinance 2004-07 was amended as follows:

Parking reslrictions on Marjorie Terrace will go from Palisade Avenue to Loretta Court inplace of from Palisade Avenue to Demarest Avenue.


Mr. Manolio moved the ordinance, as amended, be adopted on second reading and final passage,which motion was seconded by Mr. Parisi and adopted upon a call of the roll.

ROLLCALL:AYES: Plawker, Manolio, Drirnon es, Kasoff, Parisi, Norton

ORDINANCE 2004-07

AN ORDINANCE AMENDING CHAPTER VIIENTITLED "TRAFFIC SPECIFICALLY SUBSECTION

7-3.6, SCHEDULE IV-TIME LIMIT PARKING

MAY 05 2009


2004-000125-REV1


04-122JUNE 16,2004

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs thatChapter VII SCHEDULED IV - TIME LIMIT PARKING shall be amended as follows:

SCHEDULE IV

TIME LIMIT PARKING

In accordance with the provisions of subsection 7-3.6, no person shall park a vehicle forlonger than the time shown on any of the following described streets or parts of streets.

Name of Street Sides Ti me Lo cation

Clifton Terrace Both I hour Entire Length

Kahn Terrace Both 3 hours Entire Length

Marjorie Terrace Both 2 hours From Palisade AvenueTo Loretta Court

Summit Street Bath 2 hours From Palisade AvenueTo Loretta Court

Van Nostrand Avenue Both I hour Ash Street toRoute 9W(Sylvan Avenue)

Sherwood Avenue Both I hour From 9W (Sylvan Avenue)To Hudson Terrace

New Street Bath I hour From 9W (Sylvan Avenue)To Hudson Terrace

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the Borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any part thereof, other than the part held so unconstitutional or invalid.

IT FURTHER ORDAINED BE that this Ordinance shall became effective uponadoption and publication in accordance with law.

MAY 05 2009


2004-000126-REV1


04-123JUNE 16, 2004


ORDINANCE 2004-08

AN ORDIN ANCE FIXING SALARIES, WAGES AND COMPENSATIONFOR ALL SALARIED, APPOINTED AND ELECTED OmCERS

WITHIN THE BOROUG OF E NGLEWOOD CLIFFS, IN THE COUNTYOF BERGEN AND STATE OF NEW JERSEY

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Ms. Drimones moved a public hearing be held on the ordinance. Soordered. Ms. Drimones moved the clerk read the ordinance by title on second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Mr. Manolio moved the hearing beclosed. So ordered .

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Ms. Drimones and adopted upon a call of the roll. •


ORDINANCE 2004-08

AN ORDINANC E FIXING SALARIES, WAG ES AND COMPENSATION for all salaried,appointed and elected Officers within the Borough of Englewood Cliffs, in the County of Bergen,and State ofNew Jersey.

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, County ofBergen, State ofNew Jersey, as follows:

SECTION I. The following salaries, wages and/or compensation shall be paid to the respectiveemployees of the Borough ofEnglewood Cliffs, for the year 2004, as set forth below :

1. Mayor - an annual salary of $3, 000. 00.2. Council Persons (6) - an annual sa lary of $2, 500. 00 each3. Borough Administrator - annual salary of $6,696. 004. Borough Attorney - an annual salary of $25,246. 005. Borougb Clerk - an annual salary of $73,933. 006. Deputy Borougb Clerk - an annual salary of $29,678.007. C1cricaIlSecretarial- an hourly wage of $12.16 - $18.258. Secretary Constr. Bd. of Appeals - an annual salary of $877. 009. Tax Collector - an annual salary of $44,272.0010. Cbief Financial Officer - an annual salary of $1,590. 00

MAY 05 2009


2004-000127-REV1


04-124JUNE 16,2004

11. Assistant Tax CoUector - an annual salary of $41,366.0012. Tax Office Clerk - an annual salary of $24,120.0013. Tax Searcb Officer - an annual salary of $1,590.0014. Tax Assessor - an annual salary of $16,224.0015. Secretary to Bd. of Adjustment - an annual salary of $8,767.0016. Secretary to Planning Board - an annual salary of $8,767. 0017. Fire Prevention Official- an annual salary of $11,331.0018. Municipal Court Judge - an annual salary of $25,246.0019. Violations & Municipal Court - an annual salary of $38,910. 0020. Borougb Prosecutor- an annual salary of $9,467.0021. Borougb Public Defender - an annual salary of $3,789.0022. Extra Help Municipal Court - an bourly wage of $20.00 to $27. 0023. Construction Code Official- an annual salary of $27,225.0024. Control Person - an annual salary of $28,264.0025. Fire Sub-Code Official - an annual salary range of $8,500. 0026. Building Inspector - an annual salary of $19,873.0027. Electrical Inspector - an annual salary of $8,999.00 ,28. Environmental Inspector - an annual salary of $3,375.0029. c.C.O. Inspector - an annual salary of $1,500.0030. Plumbing Sub-Code Official- an annual salary range of $8,767. 0031. Sewer Operator- an annual salary of $5,664.00'32. Board of Healtb Secretary - an annual salary of $8,767.0033. Board of Health Attorney - an annual salary of $3,789.0034. Administrator of Public Assistance - an annual salary of $1,199. 0035. Sbade Tree Secretary - an annual salary of $1. 0036. Recreation Consultant - An annual salary of $7,311.0037. Seasonal Employees - an bourly wage of $337 to $15.2238. Assessment Seareb Officer - an annual salary of $1590. 0039. Police Secretary - an annual salary of $36,083.0040. Scbool Crossing Guards - an bourly wage of $22.00 - $28.0041. Director of Emergency Management Services - an annual salary of $900.0042. Superintendent ofD.P.W. - an annual salary of $102,752.0043. Asst. Supt. of DPW - Obertlik, an annual salary of $65,772. 0044. Secretary ofDPWlReeycling - an annual salary of $29,247.00

SECTION II.

A. Longevity for Administrative employees wbo receive health benefits sbaU beimplemented and supplemented by adding tbereto two percent (2%) increase foreacb four (4) years of service with a maximum of fourteen percent (14%) fortwenty eigbt years of service as a "longevity pay increase."

B. Longevity for Police sbaU be implemented and supplemented by addingtbereto two percent (2%) increase for each four (4) years of service with amaximum of eigbteen percent (18%) for 36 years of service, as a "longevitypay increase".

MAY 05 2009


2004-000128-REV1


04-125JUNE 16, 2004

SECTION m. Should any part or provision of this Ordinance be held unconstitutional orinvalid, such decision shall not affect the validity of this Ordinance as a whole or any partthereof, other than the part held so unconstitutional or invalid.

SCHEDULE A

POLICE SALARIES FOR 2004

Chief of Police: a salary for 2004 of$140,436.00Police Captain: a salary for 2004 of$119,427.00Police Lieutenant: a salary for 2004 of $110,581.00Sergeant: a salary for 2004 of $102,390.00Patrolman (I " Grade): a salary for 2004 of$94,805.00Patrolman (hired after 1/1/94)

I"YearofService - 2004: $27,913.002"' Year of Service - 2004: $35,213.003«1 Year of Service -2004: $41,296.004"' Year of Service - 2004: $50,033.005"' Year of Service - 2004: $58,769.00s"Year of Service - 2004: $67,506.007th Year of Service - 2004: $76,242.008'" Year of Service - 2003: $88,565.00

SCHEDULER

DEPARTMENT OF PUBLIC WORKS SALARIES FOR 2004

Mechanic: Gray, an annual salary of $53,076.00DPW Worker: Billington, an annual salary of$59,882.00DPW Worker: Mele, an annual salary of$53,014.00DPW Worker: Morgan, an annual salary of $24,000.00DPW Worker: Devens, an annual salary of$24,000.00DPW Worker: Neville, an annual salary of$32,338.00DPW Worker: Fedouchik, an annual salary of $29,559.00DPW Worker: Maglione, an annual salary of$29,559.00DPW Worker: Campomanes, an annual salary of$29,559.00DPW Worker: New Hires: $24,000.00Part-time Department of Public Works Employees:

an hourly wage of$6.75 to $16.87

COUNCILWOMAN NORTON CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

MAY 05 2009


2004-000129-REV1


04-126JUNE 16, 2004

ORDINANCE 2004-09

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFSIN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FORVARlOUS CAPITAL IMPROVEMENTS FOR THE BOROUGH OF

ENGLEWOOD CLIFFS AND APPROPRIATING $825,000 THEREFOR,AND PROVIDING FOR THE ISSUANCE OF $783,750 IN GENERAL

IMPROVEMENT BONDS OR NOTES OF THE BOROUGH OFENGLEWOOD CLIFFS TO FINANCE THE SAME.

The Clerk presented affidavit ofpublication, showing that advertisement had been madeaccording to law, was ordered files. Ms. Norton moved a public hearing be held on theordinance. So ordered. Ms. Norton moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoptionof the ordinance.

After ample opportunity had been given and no one responding, Ms. Drimones moved the hearingbe closed. So ordered.

Mr. Manolio moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Kasoff and adopted upon a call of the roll.

ROLLCALL:AYES: Plawker, Manolio Drimones, Kasoff, Parisi, Norton


AN ORDINANCE OF THE BOROUGH OF ENGLEWOODCLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY,

PROVIDING FOR VARlOUS CAPITAL IMPROVEMENTSFOR THE BOROUGH OF ENGLEWOOD CLIFFS ANDAPPROPRIATING $825,000, THEREFOR, AND PROVIDINGFOR THE ISSUANCE OF $783,750 IN GENERALIMPROVEMENT BONDS OR NOTES OF THE BOROUGH OFENGLEWOOD CLIFFS TO FINANCE THE SAME.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY (not less thantwo thirds of all members thereof affirmatively concurring) AS FOLLOWS:

MAY 05 2009


2004-000130-REV1


04-127JUNE 16, 2004

Section 1. The improvements or purpo ses descrihed in Section 3 of this bondordinance are hereby authorized to be undertaken by the Borough of Englewood Cliffs, in theCounty of Bergen, New Jersey (the "Borough") as general improvements. For the severalimprovements or purposes described in Section 3 hereof, there are hereby appropriated therespective sums of money therein stated as the appropriations made for each improvement ofpurpose, such sums amount ing in the aggregate to $825,000, including the aggregate sum of$41,250 as the several down payments for the improvements or purposes required by the LocalBond Law. The down payments have been made available by virtue of the provision for downpaymen t in the capital improvement fund in one or morepreviously adopted budgets.

Section 2. In order to finance the cost of the several improvements or purposes notcovered by application of the several down payments or otherwise provided for hereunder,negotiable bonds are hereby authorized to be issued in the principal amount of $783,750 pursuantto the Local Bond Law. In anticipation of the issuance of the,bonds, negotiable bond anticipationnotes are hereby authorized to be issued pursuant to and within the limitations prescribed by theLocal Bond Law.

Section 3. The several improvements hereby authorized and the several purposesfor which the bonds are to be issued, the estimated cost of each improvement and theappropriation therefor, the maximum amount of bonds 'br notes to be issued for eachimprovement and the period of usefulness of each improvem ent are as follows:

Ca) Purpose: Construction and reconstruction to variousroads in the Borough, as shown on a list on filewith the Borough Clerk, and including all other workand materials necessary therefor and incidental thereto.

Approoriation and Estimated Cost:Maximum Amount ofBonds or Notes:Period or Average Period ofUsefuIness:Amount of Down Pavement:

$525,000$498,75010 years$ 26,250

(b) Purpose: Purchase of three (3) trucks for use by theborough. as shown on a list on file with the BoroughClerk. and including all other work and materialsnecessary therefor and incidental thereto..

Appropriation and Estimated Cost:Maximum Amount ofBonds Or Notes:Perio d or Average Period of Usefulness:Amount ofDown Payment

$300,000$285,000

5 years$ 15,000

Cc) The maximum amount of bonds or notes 10 be issued for the improvement orpurpose is as stated in Section 2 hereof.

(d) The estimated cost of the severa l improvements or purposes is equal to theamount of the appropriation herein made therefor.

MAY 05 2009


2004-000131-REV1


04-128JUNE 16, 2004

Section 4. All bond anticipation notes issued hereunder shall mature at such timesas may be determined by the chief fmancial officer; provided that no note shall mature later thanone year from its date. The notes shall bear interest at such rate or rates and be in such form asmay be determined by the chief financial officer. The chief financial officer shall determine allmatters in cormection with notes issued pursuant to this bond ordinance. and the chief financialofficer's signature upon the notes shall be conclusive evidence as to all such determinations. Allnotes issued hereunder may be renewed from time to time subject to the provisions of the LocalBond Law. The chief fmancial officer is hereby authorized to sell part or all of the notes fromtime to time, at not less than par and accrued interest, at public or private sale and to deliver themto the purchasers thereof upon receipt of payment of the purchase price plus accrued interest fromtheir dates to the date of delivery thereof. The chief fmancial officer is directed to report inwriting to the governing body at the meeting next succeeding thedate when any sale or deliveryof the notes pursuant to this bond ordinance is made. Such report must include the amount, thedescription, the interest rate and the maturity schedule of the 'notes sold, the price obtained andthe name of the purchaser.

Section 5. The capital budget or temporary capital' budget (as applicable) of theBorough is hereby amended to conform with the provisions of this bond ordinance to the extent ofany inconsistency herewith. In the event of any such inconsistency and amendment. the resolutionin the form promulgated by the Local Finance Board showing full detail of the amended capitalbudget or amended temporary capital budget (as applicablejiand capital program as approved bythe Director of the Division of Local Government Services is on file with the Borough Clerk andis available there for public inspection.

Section 6.and stated;

The following additional matters are hereby determined, declared. recited

(a) The several improvement or purposes described in Section 3 of this bondordinance are not current expenses . They are improvements or purposes of the Borough maylawfully undertake as general improvements, and no part of the cost thereof has been or shall bespecially assessed on property specially benefited thereby.

(b) The average period of usefulness of the several improvements or purposes,within the limitations ofthe Local Bond Law, computed on the basis of the respective amounts orobligations authorized for each improvement or purpose and the reasonable life thereof within thelimitations of the Local Bond Law, is 8.181 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has beenduly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof hasbeen filed in the office of the Director of the Division of Local Government Services in theDepartment of Community Affairs of the State of New Jersey. Such statement shows that thegross debt of the Borough as defined in the Local Bond Law is increased by the authorization ofthe bonds and notes provided in this bond ordinance by $783,750, and the obligations authorizedherein will be within all debt limitations prescribed by that Law.

MAY 05 2009


2004-000132-REV1


04-129JUNE 16, 2004

(d) An aggregate amount not exceeding $22,000 for items of expense listed in andpermitted under N.JS.A. 40A:2-20 is included in the estimated cost indicated herein for theseveral improvements or purposes.

(e) The Borough reasonably expects to commence acquisinon of the projectsdescribed in Section 3 hereof, and to advance all or a portion of me costs in respect thereof. priorto the issuance of bonds or notes hereunder. To the extent such costs are advanced. the Boroughfurther reasonably expects to reimburse such expenditures from the proceeds of the bonds ornotes authorized by this bond ordinance, in an aggregate not to exceed the amount of bonds ornotes authorized in Section 2 hereof.

Section 7. Any gram moneys rece ived for the purposes described in Section 3hereof shall be applied either to direct payment of the cost of the improvements or to payment ofthe obligations issued pursuant to this bond ordinance . The amount of obligations authorized butnot issued hereunder shall be reduced to the extent that such funds are so used

Section 8. The full faith and credit of the Borough is hereby pledged to the punctualpayment of the principal of and the interest on the obligations 'authorized by this bond ordinance.The obligations shall be direct, unI imited obligations of the Borough, and the Borough shall beobligated to levy ad valorem taxes upon all the taxable real property within the Borough for thepayment of the obligations and the interest thereon without limitation of rate or amoun t.

Section 9. To the extent that any previous ordinance or resolution is inconsistentherewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended tothe extent necessary to make it consistent herewith .

Section 10. This bond ordinance shall take effect 20 days after The first publicationthereof after final adoption, as provided by the Local Bond Law.

COMMITTEE REPORTS:

COUNCilMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Councilman Kasoff complimented Babe's Taxi for assisting a Senior Citizen who had lefther purse at the mall. The driver drove her back to the mall the her purse was recovered.There was no charge for the return trip.


Lt. Regan, Lt. LaRaia, and Lt. Speidel have now been on the force for 18 years.Patrolman Tracey is celebrating his 2nd year..

A letter from Ms. Simon, Shade t ree Commission, congratulated the Police Department fortheir help on Arbor Day, making it successful.

MAY 05 2009


2004-000133-REV1


04-130JUNE 16,2004

The Police Department has almost completed the automation of the computer system.

The Fire Department Wet Down was a fantastic event. Mr. Parisi commended the FireDepartment. About SOO persons and 25 fire companies attended .

The Volunteer Fire Department will be celebrating its' 100"' anniversary in 2005.

. The Chamber of Commerce will have Bob Lape ofCBS, attending their luncheon in July.

Councilman Parisi apologized on behalf of the Chamber of Commerce for not havinglowered the flag, located at the comer of Palisade Avenue, to half staff upon the death ofPresident Regan.


Councilman Norton thanked the DPW for their help during the baseball, softball season atWitte Field. They kept the fields in terrific shape. .

The Baseball Playoffs are in progress and the championship game will take place on' Saturday.

Englewood Cliffs bas 2 of the 6 teams in tbe softball league and both have made theplayoffs.

The eliminations for the Little World Series will begin shortly.

The Councilwoman thanked, Steve Dente, Peter Corbin, and Dave Pasacrita, who are theleaders of the baseball and softball leagues .

COUNCILMAN PLAWKER:

No report

COUNCILWOMAN DRIMONES:

Finance, Historical, Board of Education

Sanitation, Planning Board, Lighting

No new applications were presented to the Planning Board last month.

The Summer Camp and Youth Camp begin on June 2SIh.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj.

No new applications were presented to the Board ofAdjustment last month.

MAY 05 2009


2004-000134-REV1


04-131JUNE 16, 2004

PUBLIC PORTION: On a motion by Manolio, seconded by Kasoff, the meeting was opened to thepubli c. Carried.

Mike Cioffi:

Jack Dyer:

Ms . Breen:

Thanked Chief Whiting, Mr. Bialko, the Mayor and Council, Board ofEduc ation,Councilmen Parisi and Manolio for all their efforts in making the Wet Down asuccess.

Asked about the increase in the DPW budget. Mr. Iannaconi, CFO , explained.

Aske d about the Planning Board giving permission to build on the lot on 7"' Street.It was explained that it was a grandfathered lot that went from 7"' stree t to 8'"street.

Asked why there was no budget for insurance...Mr. Weilkotz explained that theinsurance was outside the cap and was located on a different page.

Ms . Breen presented Mr. Pari si with a new flag for the Chamber of Commerce toreplace the taltered one that is on the pole at present. This flag is in memory ofFredGoldscheider.

Suggested the licensing of cats.

Reported that 90% ofnew curbing are cracked. Mr. Mignone stated that when finalpaving is done , the curbs will be repaired.

Mr. Kubicki: Pointed out the possible dange r of having water from high pressure hoses hitting thepower lines.

Ms. Sciacca : Requested certain records. The Municipal Clerk informed Ms. Sciacca that theserecords would be made available to her upon her presenting a proper request form and paying for thecopies according to the OPRA regulations.

On a motion by Norton, seconded by Drimones, the public port ion of tile meeting was closed.Carri ed,

On a motion by Manolio , seconded by Drim ones, the meeting was adjourned at 9:15, p.m.

ATTEST:


APPROVED:


MAY 05 2009


2004-000135-REV1


MAY 05 2009


2004-000136-REV1


04-132


MINUTES OF THE CAUCUS MEETING OF JULY 28, 2004



MayorCouncilmanCouncilwomanCouncilmanCouncilwoman


Council PresidentCouncilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt. ofPublic Works

MAYOR PARISI STATED :

Joseph C. ParisiThomas ManolioPatricia DrimonesJerry KasoffLynn Norton

Dan PlawkerJoseph Parisi, Jr.

E. Carter Corriston, Esq.Derek McGrathLawrence WhitingRodney Bialko



MINUTES OF THE: Caucus Meeting of June 16, 2004 and Regular Meeting of June 16,2004were placed On the Regular Agenda for approval.

MAY 05 2009


2004-000137-REV1


04-133JULY 28, 2004


Police Report of June, 2004Court report of June, 2004Construction Code Official's Report of June, 2004Collector/Treasurer's Report of May , 2004


BERGEN COUNlY SPCA Request to Place Clothing Bins

BIDS:

The D.P.W. and Police Departments have a duprpster for the collection ofclothing for the D.A.R.E. program. Mr. Bialko will investigate the SPCA request.

The following bids were reviewed and resolutions awarding the bids were placed onthe regular agenda for approval.

Two International Trucks , 7400 ChassisOne Mack Truck, CV713Improvement ofFloyd Street2004 Road Improvement ProjectSanitary Sewer Improvement, Stage 7


04-69 Award Bid, two International Trucks, 7400 Chassis04-70 Award Bid, one Mack Truck, CV 71304-71 Award Bid, Improvement ofFloyd Street04-72 Award Bid, 2004 Road Improvement Project04-73 Award Bid, Sanitary Sewer Improvement, Stage 704-74 Renew Membership in Joint Insurance Fund04-75 Authorize Mayor to sign Application with DOT


2004-012004-102004-11

Eliminate the position ofAsst. Supt. ofPublic WorksAmend Chapter IX, 9-3.1, ExcavationsChange Portion of Summit St. to McDermott Way

MAY 05 2009


2004-000138-REV1


NEW BUSINESS:

04-134JULy 28, 2004

"Speed Bumps"

The pros and cons of Speed Bumps were discussed. The Engineer, Chief ofPolice and Supt. ofPublic Works contributed to the discussion.

Congressman Rothman will have a public meeting in ConncilChambers on August 10 at 10:00 a.m,

Mr. Bialko will provide a podium and microphone for the meeting.

Park on West Bayview Avenue

Councilwoman Norton requested that the fence at the basketball courts bereplaced and more hoops be installed. Council was in agreement with theimprovements.

Storage Building at Witte Field for Bittle League

Little League members have offered to/construct a small storage building atWitte Field if the Borough will provide the materials. TI,e Council was inagreement with this offer.

Pot Hole Machine

Councilman Kasoff asked about the status ofpurchasing a pot hole repairmachine. Mayor Parisi and Mr. Bialko informed the Council that they hadinspected a few of the machines and were going to recommend thepurchase of one that does the job the Borough wants done.

On a motion by Manolio, seconded by Drimones , resolution 04-76 was offered for adoption:

ROLLCALL:AYES: Plawker, Manolio , Drimones , Kasoff, Parisi, Norton

RESOLUTION 04-76

RE: CLOSED SESSION


MAY 05 2009


2004-000139-REV1


04-135JULY 28, 2004



Any matter involving the employment, personnel

Closed session began at 7:15 p.m. and ended at 7:50 p.m.

ADJOURN: On a motion by Plawker, seconded by Parisi, the meeting was adjourned at 7:50p.m. Carried.

ATTEST:

JOSEPH FAV ARO , MUNICIPAL CLERK

APPROVED:


MAY 05 2009


2004-000140-REV1


04-136


MINUTES OF THE REGULAR MEETING OF JULY 28, 2004




ALSO PRESENT:





E. Carter Corriston, Esq.Derek McGrathLawrence WhitingRodney Bialko

ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF TI-llS MEETING WAS LEGALLY GNEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."TI-llS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF TIllS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2004-000141-REV1


04-137JULY 28, 2004

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLlO, SECONDED BY DRlMONES, AND CARRIED.

Caucus Meeting of June 16, 2004Regular Meeting of June 16, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY DRlMONES, AND CARRIED.

Police Report of June, 2004Court Report of June, 2004Construction Code Officials Report of June, 2004Collector Treasurer's Report of May, 2004

CLAIMS: On a motion by Plawker, seconded by Parisi, the Claims for the month of July, 2004were ordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000142-REV1


04-138JULY 28, 2004

RESOLUTIONS:

MAYOR PARISI STATED:" IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON rmsEVENING, THEY MAY DO SO AT TfllS TIME."

Ms. Sank asked about all the bids and their purpose.

On a motion by Manolio, seconded by Plawker, Resolution 04-69 was offered for adoption:

ROLL CALL:AYES: Plawker, Manolio, Driroones, Kasoff, Parisi, Norton

RESOLUTION 04-69

RE : AWARD BID - TWO 2005 INTERNATIONAL 7400 CHASSIS WITHSNOW REMOVAL EQUIPMENT OR EQUIVALENT

WHEREAS, the Borough of Englewood Cliffs bas received bids for the purchase of two(2) 2005 International Model 7400 Chassis with Snow, Removal Equipment and CentralHydraulics; and

WHEREAS, the bids have been reviewed by the Superintendent ofPublic Works and theMunicipal Attorney; and

WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidderproviding the lowest cost to the Borough; and

WHEREAS, "DELUXE INTERNATIONAL TRUCKS, INC.. has provided the lowesttotal cost in the amount of $235,512.00 and is the lowest responsible bidder for the Two 2005International 7400 Chassis with Snow Removal Equipment; and

WHEREAS, it is the recommendation of the Superintendent of Public Works and theMunicipal Attorney that the contract be awarded to Deluxe International Trucks, Inc;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the purchase of Two 2005 International 7400 Chassis with Snow RemovalEquipment and Central Hydraulics to Deluxe International Trucks, Inc., 600 South River Street,Hackensack, N.J. 07601 in the amount of $235,512.00 and that the Borough Attorney is herebyauthorized and directed to prepare the appropriate agreement therefor.

MAY 05 2009


2004-000143-REV1


04-139JULY 28, 2004

On a motion by Manolio, seconded by Drimones, Resolution 04-70 wa s offered for adoption:


RESOLUTION 04-70

RE: AWARD BID - ONE MACK CV713 WITH ROLL OFF CHASSIS, SNOWREMOVAL E QUIPMENT AND CENTRAL HYDRAULICSEQUIVALENT

WHEREAS, the Borough of Englewood Cliffs has received bids for the purchase of One( I) Mack CV7 13 with Roll Off Chassis, Snow Removal Equipment and Central Hydraulics orEquivalent; and '

WHEREAS, the bids have been reviewed by the Superintendent of Public Works and theMunicipal Atto rney; and

WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidderproviding the lowest cost to the Borough; and "

WHEREAS, Cambria Companies. has provided the lowest total cost in the amount of$169,998,00 and is the lowest responsible bidder for the purch ase of One Mack CV713 withRo ll Off Chass is, Snow Removal Equ ipment and Central Hydraulics; and

WHEREAS, it is the recommendation of the Superintendent of Public Works and theMunicipal Attorney that the contract be awarded to Cambria Compan ies;

NO W, THEREFORE, BE IT RESOLVED that the Mayor and Council does he rebyaward the contract for the Mack CV713 with Roll Off Chassi s, Snow Removal Equipment andCentral Hydraulics to Cambria Companies, 265 McLean Blvd., Paterson, N.J . 07504 in theamount of $169,998.00 and that the Borough Attorney is hereby autho rized and directed toprepare the appropriate agreement therefor.

On a motion by Plawker, seconded by Norton, Resolution 04-71 wa s offered for adoption:

ROLLCALL:AYES :ABSTAIN:

Plawker, Manolio , Kasoff, Parisi, NortonDrimones

MAY 05 2009


2004-000144-REV1


04-140JULY 28, 2004

RESOLUTION 04-71

RE: AWARD BID - IMPROVEMENT OF FLOYD STREET

WHEREAS, the Borough of Englewood Cliffs has received bids for the Improvement ofFloyd Street; and

WHEREAS, the bids have been reviewed by the Municipa l En gineer; and

WHEREAS, the Mayor and Co unci l are desirous of awarding the contract to the bidderproviding the lowest cost to the Borough; and

WHEREAS, Smith Sondy Asphalt has provided the lowest total cost in the amount of$348,733.55 ($292, 019.80 Base bid and $56,713.75 Alternate) and is the lowest responsiblebidder for the Improvement of Floyd Street; and

WHEREAS, it is the recommendation of the Municipa l ·Engineer that the contract beawarded to Smith Sondy Asphalt;

NOW, THEREF ORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the Improvem ent of Floyd Street to Smith Sondy Asph alt , 150 Andersonavenue, Wallington, N.J. 07057 in the amount of $348,733.55 and that the Borough Attorney ishereby authorized and directed to prepare the appropriat e agreement therefor.

O n a motion by Manolio, seconded by Norton, Resolution 04-72 was offered for adoption:

ROLL CALL:AYES :ABSTAIN:

Plawker, Manolio , Kasoff, Pari si, NortonDrimones

RESOLUTION 04-72

RE: AWARD BID - 2004 ROAD IMPROVEMENT PROGRAM

WHEREAS, the Borough of Englewood Cliffs has received bids for the 2004 RoadImprovement Program; and

WHEREAS, the bids have been reviewed by the Municipal Engineer; and


WHEREAS, Tilcon, New York. has provided the lowest total cost in the amount of$435,62 1.00($4 14,437.00 for the Base Bid and $2 1,184 .00 for Al ternate B),and is the lowestresponsible bidder for the 2004 Road Improvement program; and

MAY 05 2009


2004-000145-REV1


04-141JULY 28, 2004

WHEREAS, it is the recommendation of the Municipal Engineer that the contract beawarded to THeon, New York;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the 2004 Road Improvement Program to Tilcon, New York, 625 Mt. HopeRoad , Wharton , N.J. 07885 in the amount of $435,621.00 (Base Bid and Alternate B) and that theBorough Attorney is hereby authorized and directed to prepare the appropriate agreementtherefor.

On a motion by Drimones, seconded by Norton, Resolution 04-73 was offered for adoption:

ROLLCALL:AYES:ABSTAIN:

Plawker, Drimones, Kasoff, Parisi, NortonManolio

RESOLUTION 04-73

RE: AWARD BID - SANITARY SEWER REHABILITATION, STAGE 7

WHEREAS, the Borough of Englewood Cliffs has &ceived bids for the Sanitary SewerRehabilitation, Stage 7 ; and ;

WHEREAS, the bids have been reviewed by the Municipal Engineer ; and


WHEREAS, M. Ingannamorte & Son, Inc. has provided the lowest total cost in theamount of $115,760.00 and is the lowest responsible bidder for the Sanitary SewersRehabili tation, Stage 7; and

WHEREAS, it is the recommendation of the Municipal Engineer that the contract beawarded to M. Ingannamorte & Son, Inc;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the Sanitary Sewer Rehabilitation, Stage 7 to M. Ingannamorte & Son,Inc., 347 Knickerbocker Road, Tenafly, N.J. 07670-2446 in the amount of $115,760.00 and thatthe Borough Attorney is hereby authorized and directed to prepare the appropriate agreementtherefor.

On a motion by Plawker, seconded by Manolio, resolution 04-74 wa s offered for adoption.

ROLL CALL:AYES:ABSTAIN:


MAY 05 2009


2004-000146-REV1


04-142JULY 28, 2004

RESOLUTION 04-74

TITLE: RESOLUTION FOR RENEWAL OF MEMBER SHIP IN THESOUTH BERGEN MUNICIPAL J OINT INSURANCE F UND

WHEREAS, the Borough of Englewood Cliffs is a member of the South Bergen Municipal JointInsurance Fun d; and

WHEREAS, said renewed membership terminates as of December 31, 2004 unless earlierrenewed by agreement between the Municipality and the Fund; and

WHEREAS, the Municipali ty desires to renew said membership;

NOW THEREFORE, be it resolved as follows:

I.

2.

The Borough of Englewood Cliffs agrees to renew its membership in theSouth Bergen Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules andRegulations , coverages, and operating procedures thereof as presently existing or asmodified from time to time by lawful act of the Fund.

. ,The Mayor and Clerk shall be and hereby are authonzed to execute theagreeme nt to renew member ship annexed hereto andmade a part hereof and to deliversame to the South Bergen Municipal Joint Insurance Fund evidencing the Municipa lity ' sintention to renew its membership.

On a motion by Norton, seconded by Drimones, resolution 04-75 was offered for adoption.

ROLLCALL:AYES:

TITLE:


RESOLUTION 04-75

AUTHORIZE MAYOR ATTORNEY TO SIGN APPLICATIONWITH N.J.D.O.T. FOR STATE AID

BE IT RESOLVED, that the Borough Council of tile Borough of Englewood Cliffs doeshereby authorize the Mayor to sign an applicat ion for State Aid between the Borough ofEnglewood Cliffs and N.J .D.O.T. Inc. for the Improvement of Floyd Street Sect ion 4, from theend of Section 3 to the Terminus of Floyd Street.

MAY 05 2009


2004-000147-REV1


04-143.JULY 28, 2004

COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2004-10

AN ORDINANCE AMENDING CHAPTER IX, ENTITLEDBUILDING AND HOUSING SPECIFICALLY SECTIONS

9-3.1 AND 9-3.4 REGULATIONS CONCERNINGEXCAVATIONS IN THE BOROUGHOF ENGLEWOOD

CLIFFS, COUNTY OF BERGEN, STATE OF NEW JERSEY

,-Councilman Manolio moved the ordinance be given its first reading. So ordered.

The municipal clerk read the said ordinance by title. Councilman Manolio moved the ordinance

be adopted on first reading and published in the Press Journal on August 5, 2004,

TI,e public hearing to be held on August 18, 2004. Motion was seconded by Councilman Plawker.




ORDINANCE 2004-11

AN ORDINANCE CHANGING NAME AND DESIGNATIONOF A PORTION OF SUMMIT STREET IN THE

BOROUGH OF ENGLEWOOD CLIFFS TO McDERMOTT WAY

Councilman Manolio moved the ordinance be given its first reading. So ordered.

TI,e Municipal Clerk read the said ordinance by title. Councilman Manolio moved the ordinance

be adopted on first reading and published in the Press Journal on August 5, 2004

The public hearing to be held on August 18, 2004 Motion was seconded by Councilman Parisi.

MAY 05 2009


2004-000148-REV1


04-144JULY 28, 2004


AYES: P lawker, Manolio, Drirnones, Kasoff, Parisi, Norton

ORDINANCE INTROllUCTION


ORDINANCE 2004-01

AN ORDINANCE ELIMINATING THE OFFICE OFASSISTANT SUPERINTENDENT OF PUBLIC WORKS

AS PROVIDED IN ORDINANCE #9501

Councilman Manolio moved the ordinance be given its first reading. So ordered.

The Municipal Clerk read the said ordinance by title. Councilman Manolio moved the ordinance

be adopted on first reading and published in the Press Journal on August 5, 2004,The public hearing to be held on August 18, 2004 Motion was ;seconded by Councilman Pari si.

Th e ordinance was approved at the first reading upon the call of the roll .

AYES: Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton

COMMITTEE REPORTS:


The Senior Taxi Service has made over 400 round trips. Th e service is very successful.

COUNCILMAN PARISI: Police , Fire, Legal

Councilman Parisi announced the following officers have many year of service:

Capt. Barrett 35 years, Lts . McMorrow and Bauernschrnidt 30 years,Ptl. Mura and Shaloub 10 years, and Ptl. McDennott 5 years.

The Police Department has received a $5,000 grant from the State ofNJ.

Our new state or the art computer system is now up and running.

Pedestrian cross walks have been installed on Palisade Ave. & Johnson Ave.

MAY 05 2009


2004-000149-REV1


04-145JULY 28, 2004

National Nite Out will be observed on August 3, 2004 starting at 7:00 p.m.

Two firefighters have completed the FF I classes and twelve completed Line Burn Classes.

The Chamber of Commerce golf outing will be held on August 9"'.


The Little League Baseball season and the girls softball season are winding down.

Little Leaguers won four games in the Little World Series competition.

The under 9 girls won the Championship in Dwnont.

The Monday night adult softball is ongoing. Starts at 6~30 p.m.

Registrations are still being accepted for Soccer.


Plawker Real Estate sponsored girls softball team won the league.; .

There will be a Cross Acceptance Meeting at Borough Hall on August 3, 2004.


Planning Board: A minor subdivision was approved on Mercer Avenue

The summer camp has 149 children participating and the youth program has 45.Both camps end on August 5.


Bd. ofAdjustment: Three variances were approved.Bayview Ave., Summit St. & CNBC

One variance was denied on Pershing Road

SUPT. OF PUBLIC WORKS: Crosswalks were installed on Palisade Ave., Floyd Streetand Jolmson Avenue, by Witte Field. Vehicles are required to stop if someone is in the crosswalk.

CHIEF OF POLICE: ChiefWhi ting invited everyone to attend National Nite Out.

MAY 05 2009


2004-000150-REV1


04-146JULy 28, 2004

PUBLIC PORTION: On a motion by Plawker, seconded by Manolio, the meeting was opened tothe public . Carried.

Ms. Hullin, New Street: Ingress and Egress from the restaurant on the comer.

Mr. Leakas, Rose Ave: lllega! parking of cars from Martin Cadillac.

Mr. Morfesis, John St: Parking of cars on John St. from 9W to Alpine Court

Ms. Breen, Van Nostrand Ave: Parking of cars on side streets offHudson TerraceContainers on CitiCorp property

Mr. Madison, Castle Drive: No water in his driveway during last storms. Thanked Council.

Mr. Leung, Floyd St: Requested a fence between his property and the commercial propertynext to him.

Ms. Sank, Mr. Leakas, Ms Breen: Bus stops on 9W.

On a motion by Norton, seconded by Parisi , the public portion of the meeting was closed. Carried.On a motion by Norton, seconded by Paris i, the meeting was adjourne d at 9:25 p.m.

ATTEST:

JOSEPH FA V ARO , MUNICIPAL CLERK

APPROVED:

JOS EPH C. PARtSI, MAYOR

MAY 05 2009


2004-000151-REV1


04-147


MINUTES OF THE CAUCUS MEETING OF AUGUST 18, 2004




ALSO PRESENT:

Borough AttorneyBorough EngineerChief of Police

MAYORPARlSI STATED:

Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton.,

E. Carter Corriston, Esq.Edward MignoneLawrence Whiting,

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."TIlls notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of tills meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Manolio, seconded by Kasoff, resolution 04-78 was offered for adoption:

Roll Call:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000152-REV1


04-148AUG UST 18, 2004



WHEREAS, the Mayo r and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLYED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:412:

PERSONNEL - VOLUNTEER AMBULANCE CORPSLITIGATION

The Closed session started at 6:35 p.m, and ended at 7:15 p.m,

On a motion by Manolio, seconded by Parisi, the Council returned to open session.Carried.

i


MINUTES OF THE: Caucus Meeting ofJuly 28, 2004 and Regular Meeting ofJuly 28, 2004 wereplaced on the Regular Agenda for approval.


Police Report of July, 2004Court report of July, 2004Construction Code Official's Report of July, 2004CollectorfTreasurer's Report of June, 2004


Construction Official He ight Limitation of Structures

Referred to the Planning Board on a motion by Manolio, seconded byNorton and Carried.

MAY 05 2009


2004-000153-REV1


04-149AUGUST 18, 2004


04-77 Authorize Removal of sidewalk at 41 Elm Street04-79 Order for Hydrants04-80 Award Bid for the Landscaping & Improvements to West Bayview

Park04-81 Authorize Municipal Attorney to proceed with condemnation process

on Block 513, Lots 6 & 7, and Block 514, Lot 4.04-82 Authorize Municipal Engineer to update Tax Map


2004-012004-102004-11

NEW BUSINESS:

ADJOURN:

ATTEST:

Eliminate position of Assistant Superintendent ofPublic WorksAmend Chapter IX, 9-3.1Change name of a portion of Summit Streetto McDermott Way

Proclamation proclaiming "Financial Pla nnin g Week" was placed onthe reg ular agenda.

APPROVED:

JOSEPH FAVARO, MUNICIPAL CLERK JOSEPH C. PARISI, MAYOR

MAY 05 2009


2004-000154-REV1


04-150


MINUTES OF THE REGULAR MEETING OF AUGUST 18, 2004




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of Police

Joseph C. ParisiDanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton'

.E. Carter Coniston, Esq.Edward MignoneLawrence wfuting,

FLAG SALUTE LEAD BY: Conncil President Dan Plawker

MAYOR PARlSl STATED:

ADEQUATE NOTICE OF TI-DS MEETING WAS GWEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF TI-DS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."TI-DS NOTICE IS ON FlLE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF TI-DS MEETING WlLL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2004-000155-REV1


04-151AUGUST 18, 2004

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTIO N BY PLAWKER, SECONDED BY MAN OLIO, AND CARRIED.

Caucus Meeting of July 28, 2004Regular Meeting of July 28, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY PARISI, AND CARRIED.

Police Report of July, 2004Court Report of July, 2004Construction Code Officials Report ofJuly, 2004Collector Treasurer's Report of June, 2004

CLAIMS:

On a motion by Plawker, seconded by Norton, the Claims for the month of August, 2004 wereordered paid.

Ayes: Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton

MAY 05 2009


2004-000156-REV1


04-151AUGUST 18, 2004

RESOLUTIONS:


After all questions were answered, the Council continued with the agenda.

On a motion by xxxxxxx, seconded by xxxxxxx, Resolution 04-77 was offered for adoption:


RESOLUTION 2004-77

RE: REMOVAL OF SIDEWALl(, 41 ELM STREET

Mr. & Mrs. Park, residing at 41 Elm Street are hereby given

permission to remove the sidewalk that is located in front of their home in order

that their home will conform with their neighbors.

It is to be unde rstood that Mr. & Mrs. Park are solely responsib le for the

removal of the sidewalk and the cost thereof. The Borough of Englewood Cliffs

is not respons ible for any of the costs ofthis project.

On a motion by Manolio, seconded by Parisi, Resol ution 04-79was offered for ado ption:


RES OLUTION 04-79

TITLE: ORDER FOR HYDRANTS

BE IT RESOLVED, that United Water New Jersey, Inc. be and it hereby is requested toerect (2) two fire hydrants at the following designated places, to be used for fire purposes only,accordance with the Rules and Regu lations of the Company, and its rates as set forth in itsSchedule of Rates filed with the Board of Public Utility Commissioners ofNew Jersey atTrenton, N.J.

MAY 05 2009


2004-000157-REV1


04-152AUGUST 18, 2004

LOCATION OF HYDRANTS

X-35447

X-35448

West side of Floyd Street, approximately 25' north of the center line of VanWagoner Drive.

West side of Floyd Street, approximately 340' north of the center line of VanWagoner Drive.



RESOLUTION 04-80

RE: AWARD BID - WEST BAYVIEW PARK

WHEREAS, the Shade Tree Commission has received informal bids for the Landscapingand Improvement of a portion of the West Bayview Avenue Park; and

WHEREAS, the informal bids have been reviewed by the Shade Tree Commission; and

WHEREAS, the Mayor and Counci l are desirous of awarding the contract to the bidderproviding the lowest cost to the Borough; and

WHEREAS, Nicola Matera & Sons, Inc. has provided the lowest total cost in the amountof $17,389.00 and is the lowest responsible bidder for the Landscaping and Improvement of aportion of the West Bayview Avenue Park; and

WHEREAS, it is the recommendation of the Shade Tree Commission that the contractbe awarded to Nicola Matera & Sons, Inc;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the Landscaping and Improvement of a Port ion of the West BayviewAvenue Park to Nicola Matera & Sons, Inc. in the amount of $17,389.00 and that the BoroughAttorney is hereby authorized and directed to prepare the appropriate agreement therefor.

MAY 05 2009


2004-000158-REV1


04-153AUGUST 18, 2004



RESOLUTION 04-81

RESOLVEO, that the Municipal Attorney is hereby authoriz ed to negotiate and ifnecessary condemn Bl ock 5 13, Lots 6 & 7 and Bl ock 514, Lot 4 .

On a motion by Parisi, seconded by Drimones, Resolution 04-82 was offered for adoption:

ROLL CALL:AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-82

RESOLVED, that the Municipal Engineer is hereby a~thorized to amend and update theBorough of Englewood Cliffs official Tax Map. The cost of this update is to be $2,500.00.

ORD INANCES: PUBLIC HEARING AND ADOPTION

MR. PARISI CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2004-01

AN ORDINANCE ELIMINATING THE OFFICE OFASSISTANT SUPERINTENDENT OF PUBLIC WORKS

AS PROVIDED IN ORDINANCE 9501

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.


Ms. Breen, Van Nostrand Avenue

After all interested parties had spoken on the ordinance, Mr. Parisi moved the hearing be closed. Soordered.

MAY 05 2009


2004-000159-REV1


04-154AUGUST 18, 2004

Mr. Manolio moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Mr. Parisi and adopted upon a call of the roll.

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, Pari si, Norton

ORDINANCE 2004-01

AN ORDINANCE ELIMINATING THE OFFICE OFASSISTANT SUPERINTENDENT OF PUBLIC

WORKS AS PROVIDED IN ORDINANCE NO. 9501

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs have beenadvised by the Superintendent of Public Works that the position of Assistant Superintendent ofPublic Words and its related services are not necessary and not required at this time and said positionshould be eliminated.

NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough ofEnglewood Cliffs, that the office of Assistant Superintendent of Public Works be and is herebyeliminated and repealed; ,

BE IT FURTHER ORDAINED that should any part or provision of this Ordinance beheld unconstitutional or invalid, such decision sball not affect the validity of this Ordinance as awhole or any part thereof, other that the part held so unconstitutional or invalid;

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances inconsistentwith the provisions of this ordinance are hereby repealed as to such inconsistencies.

This ordinance shall take effect upon fmal adoption and publication according to law.

MR. PARISI CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2004-10

AN ORDINANCE AMENDING CHAPTER IX, ENTITLEDBUILDING AND HOUSING SPECIFICALLY SECTIONS

9-3.1 AND 9-3.4 REGULATIONS CONCERNIN GEXCAVATIONS IN THE BOROUGH OF ENGLEWOOD

CLIFFS, COUNTY OF BERGEN, STATE OF NEW JERSEY

MAY 05 2009


2004-000160-REV1


04-155AUGUST 18, 2004

The clerk presented affidavit of publication, sbowing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Mr. Parisi moved the hearing beclosed. So ordered.

Mr. Manolio moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Mr. Parisi and adopted upon a call of the roll.


ORDINANCE 2004-10 "

AN ORDINANCE AMENDING CHAPT.ER IX,ENTITLED BUILDING AND HOUSING

SPECIFICALLY SECTIONS 9-3.1 and 9-3.4REGULATIONS CON CERNING EXCAVATIONSIN THE BOROUGH OF ENGLEWOOD CLIFFS


BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, thatthe following shall be amended to read as follows:

9-3.1 Excavation

a. Excavation of soil and/or rock on private property within the borough provide acondition both unsightly and dangerous; and such excavations if permitted to remain unfilled orwithout substantial construction taking place thereon provide an unsightly and hazardouscondition for an inordinately long period of time.

b. All excavations must be enclosed by fencing conforming to the "InternationalBuilding Code 2000 N.J. Edition" regulations . All gates must be securely locked at the end of theworking day. Partially complete structures must be fenced in until the entry floor or first floor iscovered by either permanent or temporary flooring.

c. A Stop Work Order may be issued by serving a written notice to the propertyowner if this ordinance is not complied with.

0-3.4 Violations. Notwithstanding anything hereinbefore to the contrary, theMunicipal Court shall have the right to impose a fine upon any person causing or permitting aviolation of the provisions of this chapter and shall be subject to a fine on not more than ONEHUNDRED ($100.00) DOLLARS per day.

MAY 05 2009


2004-000161-REV1


04-156AUGUST 18, 2004

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law; and

BE IT FURTHER ORD AINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extend of such inconsistency; and

BE IT FURTHER ORDAINED should any part of provision of the Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any part thereof, other than the part held so unconstitutional or invalid.

This ordinance shall take effect upon final adoption and publication according to law.

MR. PARISI CALLED UP FOR SEC OND READING AN ORDINANCE ENTITLED:

ORDINANCE 2004-11

AN ORDINANCE CHANGING NXME ANDAND DESIGNATION OF A PORTION OF SUMMIT

STREET IN THE BOROUGH OF ENGLEWOOD CLIFFSTO McDERMOTT WAY

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Mr. Parisi moved the hearing beclosed. So ordered.

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Mr. Manolio and adopted upon a call of the roll.


COMMITTEE REPORTS:

COUN CILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Mr. Kasoff informed the Council that a sever storm on August I I caused a massive powerfailure in the north end of the community.

Mr. Kasoff asked the public that if they see a street light out to please contact the PoliceDepartment and give them the pole number.

MAY 05 2009


2004-000162-REV1


04-157AUGUST 18, 2004


The storm of August II caused many Alarms to be set off. The police and fire departmentsresponded to all alarms. On home on Irving Avenue was struck by lightning.

The following officers celebrated anniversaries in August: Sgt. Rushworth, 17 years; Pt!.Kosches, 3 years.

The PD received a Traffic Grant in the amount of $11,000 to help pay overtime for trafficcontrol for bicycles as well as motor vehicles.

The C of C golf outing was a big success. Many thanks to the local business and residentsfor all their support.


The men's adult softball program is the only activity still in operation,

Registration for soccer will cease at the end of August. .

A women's bowling league will be held on Tuesdays at,9:30 a.m.

i

Flyers about Little League and Softball will be out shortly.


Views on the Cliffs articles are due.

COUNCILWOMAN DRlMONES: Sanitation, Planning Board, Lighting

TIle summer camps have ended. Parents seemed to be very pleased with both camps and theprograms offered.

COUNCILMAN MANOLlO: DPW , Building & Grounds, Recycling, Bd. Of Adj.

The Board of Adjustment did not meet.


A letter has been sent to the Borough of Paramus to effectua te the repayment of moniesexpended for the Police Academy of Officer Boccher who joined their force after being a member ofthe Englewood Cliffs force for just a few weeks.

A meeting has been scheduled with the Shade tree and Enviromental Commissions toremove any overlapping between the two commissions.

MAY 05 2009


2004-000163-REV1


04-158AUGUST 18, 2004

Mayor Parisi presented the following proclamation:

PROCL AMATION

WHEREAS, the financia l planning process allows individuals to achieve their dreams byempowering them to identify and man age realistic financial goals and negotiate the financialbarriers that arise at every stage of life ; and

WHEREAS, everyone can benefit from knowing about the value of financ ial planningand where to turn for objective financi al advise; and

WHEREAS, the Financial Plannin g Association is the membership organization for thefmancial planning community; representing 29,000 members dedicated to supporting financ ialplanning as a way to help individual s achieve their goals and dreams; and

WHEREAS, individuals need objective financial planning from a Certified FinancialPlanner or other credentialed professional to improve their quali ty of life;

NOW, THEREFORE, I, Joseph C. Parisi, by virtue of the authority vested in me asMayo r of the Borough of Englewood Cliffs, do hereby proclaim October 4 - 10, 2004 asFinancial Planning Week in New Jersey.

PUBLIC PORTION: On a motion by Parisi, seconded by Manolio , the meeting was opened to thepublic. Carried.

The following residents spoke:

Mr. Dryer, Toni Drive: Pot holesMs. Sciacca, Strafford Road: New home on Floyd StreetMs. Sank, Charlotte Place: Eliminating Asst. Sup!. ofPublic WorksMr. Rubinsky, Summit Street: BicyclistsMs. Breen, Van Nostrand Avenue: Tree company moving vehicle, weeds growing out of

Sewers, box containers at Citicorp.Mr. Leakas, Rose Avenue: Bicyclists.Ms. Wassil, Jane Drive: Her taxes are too high.

On a motion by Drimones, seconded by Norton, the public portion of the meeting was closed.Carried .

On a motion by Plawker, seconded by Norton, the meeting was adjourned at 9:05 p.m.

ATTEST:


APPROVED:


MAY 05 2009


2004-000164-REV1


MAY 05 2009


2004-000165-REV1


04-159


MINUTES OF THE CAUCUS MEETING OF SEPTEMBER 22,2004



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilman

ALSO PRESENT:

Borough AttorneyBorough Engine erChief ofPoliceSupt. ofPublic Works

MAYORPARlSI STATED:

Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi , Jr.

E. Carter Corriston , Esq.Edward MignoneLawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made availab le to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by PLAWKER, seconded by PARlS!, resolution 04-86 was offered for approval.

Roll Call:Ayes : Plawker, Manolio, Drimones, Kasoff, Parisi


WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session durin g apublic meeting, and


MAY 05 2009


2004-000166-REV1


SEPTEMBER 22, 2004 04-160

NOW, THEREFORE BE IT RESOLVED , that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:412:

Any pending or anticipated litigation

Tax Appeal- Unilever (CPC)

Closed session hegan at 6:36 and ended at 7:15

Open Session:


MINUTES OF THE: Caucus Meeting of August 18, 2004·,ahd Regular Meeting of August 18,2004 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON tHE REGULAR AGENDA FORAPPROVAL.

Police Report of August, 2004Court report of August, 2004Construction Code Official's Report of August, 2004Collector/Treasurer's Report ofJuly, 2004


Tax Appeal Attorney

Ordered filed

Construction Code Official.

Tax Appeal: Ix vs. Englewood Cliffs

Increase Height Limitation in Residential Zones

Referred to an ad hoc committee to consist of two council members, the Chairmen of thePlanning Board and Board ofAdjustment, Building Official and an architect

Construction Code Official Increase Annual Salaries for Construction Officials

Salary/contract held for closed session discussion

Municipal Attorney Pll' - Courtesy Review of Proposed Sprint Facility

E. Carter Corriston stated that Englewood Cliffs has no jurisdiction over parkway property,and that he has been assured that there will be no more communication towers there.

MAY 05 2009


2004-000167-REV1


Municipal Engineer

SEPTEMBER 22, 2004

Pershing Pond Restoration

04-161

Municipal Engineer, Edward Mignone, presented the Mayor and Council with a writtenproposal regarding the dredging and preserving of retention ponds located on PershingRoad. He asked that a resolution be placed on the regular agenda of the public meetingfollowing the caucus discussion.


04-8304-8404-8504-8704-8804-8904-9004-9104-9204-9304-94

DAR.E. Municipal Alliance ConunitteeAuthorize Engineer to Conduct Wetlands Delineation on Pershing RoadAppoint Junior Fire Fighter .Appoint Junior Fire FighterAccept Donation From Citigroup for ECPD .,Bergen County Open Space Trust FundMunicipal Representative Open Space CommitteeQuasi Municipal Entities - National Nite Out •Chapter 159 - Recycling Tonnage GrantAuthorize Utility Management to Check Utility BillsAuthorize Engineer to perform work Re: Pershing Ave. Retention Ponds,


2004-122004-132004-14

Establish Fees: Open Public Records ActAmend Parking OrdinanceAmend Tree preservation Ordinance

REPORT OF STANDING COMMITTEES

Councilman Kasoff:

Councilwoman Norton

Councilman Parisi:

Councilman Plawker:

Councilwoman Drimones:

Councilman Manolio:


Lighting, Sanitation


Finance, Historical, Board ofEducation

Recreation

DPW, Building & Grounds, Recycling, Bd. OfAdj.

*Councilwoman Norton joined the meeting at 7:25 PM.

MAY 05 2009


2004-000168-REV1


SEPTEMBER 22, 2004

NEW BUSINESS:

04-162

On a motion by MANOLIO, seconded by PARISI, resolution 04-95 was offered for approval.


Resolution 04-95

RE: CLOSED SESSION


WHEREAS, the Mayor and Council of the Borough, of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public ,

NOW, THEREFORE BE IT RESOLVED, tbat the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the followingreason as outlined in NJ.S.A. 10:412:

Employee Contracts/Salaries

Closed session began at 7:32 and ended at 7:47

Open Session con tinued;

Chie f Whiting informed the Council of an upcoming traffic situation tbat will occur due to theinstalling of a traffic light at the intersection ofWoodland and Palisade Avenue.

E. Carter Corriston informed tbe Council tbat the Borough would be rece iving $23,000,00 paymentfor damages to a sewer pipe on route 9W. He will give a full explanation at the public meeting tofollow.

ADJOURN:On a motion by KASOFF, seconded by MANOLIO, the caucus meeting was adjourned at 7:59,

ATTEST:

Deborah Fehre, DEPUTY MUNICIPAL CLERK

APPROVED:

J OSEPH C. PARISI, MAYOR

MAY 05 2009


2004-000169-REV1


04-163


MINUTES OF THE REGULAR MEETING OF SEPTEMBER 22, 2004




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of PoliceSuperintendent DPW


Council President Plawker


Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi. Jr.Lynn Norton


ADEQUATE NOTICE OF THIS MEETING WAS GWEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2004-000170-REV1


SEPTEMBER 22, 2004 04-164

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY PLAWKER, AND CARRIED.

Caucus Meeting of August 18, 2004Regu lar Meet ing of Augus t 18, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MAN OLIO,SECONDED BY DRIMONES, AND CARRIED.

Police Report ofAugust, 2004Court Report of August, 2004Construction Code Offic ials Report ofAugust, 2004Collector Treasurer's Report ofJuly, 2004

CLAIMS:

On a motion by PLAWKER, seconded by MANOLIO, the Claims for the month of September, 2004were ordered paid .

Ayes : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton"

MAY 05 2009


2004-000171-REV1


RESOLUTIONS:

SEPTEMBER 22, 2004 04-165

MAYOR PARlSI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON rmsEVENING, THEY MAY DO SO AT rms TIME."

Diane Sank asked what the cost was for the Utility Management Contract referred to in Resolution04-93.

Ed Mignone, Municipal Engineer, explained resolution 04-94 that was added to the agenda.

On a motion by PLAWKER, seconded by MANOLIO, Resolution 04-83 was offered foradoption:

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff, -Parisi, Norton

RESOLUTION 04-83

RE: DRUG AND ALCOHOL ABUSE, MUNICIPAL ALLIANCE COMMITTEE

WHEREAS, THE Mayor and Council of the Bordugh of Englewood Cliffs recognizethat it is in the interest of the citizens of the Borough of Englewood Cliffs to fight drug andalcohol abuse within the municipality; and .

WHEREAS, it is the intention of the Borough of Englewood Cliffs to do everythingpossible to address these problems; and

WHEREAS, recommendations have been made to create a drug and alcohol municipalalliance committee to work in conjunction with representatives of the community;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that a Drug and Alcohol Municipal Alliance Committee established in 1996is hereby continued for the year 2005.

On a motion by MANOLIO, seconded by DRIMONES, Resolution 04-84 was offered foradoption:


MAY 05 2009


2004-000172-REV1


SEPTEMBER 22, 2004

RESOLUTION 04-84

RE: AUTHORIZE MUNICIPAL ENGINEER TO CONDUCTAN ABSENCEIPRESENCE WETLANDS DELINEATION102 PERSHING ROAD

04-166

WHEREAS, Douglas Ix, the owner of 102 Pershing Road, has filed a tax appeal which ispresently pending in the Tax Court ofNew Jersey; and

WHEREAS, in order to defend the position taken by the taxpayer, it is necessary for theBorough Engineer to investigate the existence of wetlands and the potentiality of a subdivision ofthe premises; and

WHEREAS, the Borough Engineer has indicated that the above services would not costmore than $5,000.00; .


RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that theBorough Engineer be and is hereby authorized and directed to conduct an absence/presencewetlands delineation with respect to premises at 102 Pershing Road, and to investigate andprepare, if appropriate, a conceptual subdivision of that property; and be it further

.'

RESOLYED, that the Borough Engineer shall be; compensated according to its usualhourly rates, not to exceed the sum of $5,000.00, unless authorized by further resolution of thisbody.

On a motion by NORTON, seconded by MANOLIO, Resolution 04-85 was offered foradoption:


RESOLUTION 04-85

RE: APPOINT JUNIOR VOLUNTEER FIREMAN

WHEREAS, the Englewood Cliffs Vo lunteer Fire Department has rec ommendedthe appointment of Leslie S. Raucher as a Vo lunteer Junior Fire Fighter in the EnglewoodCliffs Volunteer Fire Department;

NO W, THEREFORE BE IT RESOLVED that the Mayor and Council of theBorough of Englewood Cliffs does hereby approve the membership of Leslie S. Raucheras a Junior Volunteer Fire Fighter in the Englewood Cliffs Volun teer Fire Departm ent.

MAY 05 2009


2004-000173-REV1


SEPTEMBER 22, 2004 04-167

On a motion by NORTON, seconded by MANOLlO, Resolntion 04-87 was offered foradoption:

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff,Parisi, Norton

RESOLUTION 04-87

RE: APPOINT JUNIOR VOLUNTEER FIREMAN

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommendedthe appointment of Stephen Norton as a Volunteer Junior Fire Fighter in the EnglewoodCliffs Volunteer Fire Department;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of theBorough of Englewood Cliffs does hereby approve the membership of Stephen Norton asa Junior Volunteer Fire Fighter in the Englewood Cliffs Volunteer Fire Department.

On a motion by PARISI, seconded by MANOLIO, Resolution 04-88 was offered for adoption:;

ROLLCALL:AYES:

TITLE:


RESOLUTION 04-88

ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, Citigroup Business Services has donated $10,000.00 to the Englewood Cliffs PoliceDepartment; and


NOW, THEREFORE,BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept

the generous donation of Citigroup Business Services.

On a motion by PARISI, seconded by MANOLIO, resolution 04-89 was offered foradoption.


MAY 05 2009


2004-000174-REV1


SEPTEMBER 22, 2004

RESOLUTION 04-89

RE: BERGEN COUNTY OPEN SPACE TRUST FUND

04-168

WHEREAS, a Bergen County Open Space Trust Fund application in the amount of$113,000 has been proposed by the Englewood Cliffs Shade Tree Commission for the ReVitalization of the West Bayview Avenue Park and Playground in the municipality of EnglewoodCliffs; and

WHEREAS, pursuant to the State Interlocal Services Act, such funds may not be spentin a municipality without authorization by the Governing Body; and

WHEREAS, the aforesaid project is in the best interest of the people of EnglewoodCliffs;

NOW, THEREFORE, BE IT RESOLVED that the-Goveming Body of EnglewoodCliffs hereby conform endorsement of the aforesaid projec t; and

BE IT FRUTHER RESOLVED, that the GoverningBody is committed to providing adollar for dollar cash match for the project; and

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to theDirector of the Bergen County Community Development so Ihat implementation of the aforesaidproject may be expedited.

On a motion by MANOLI0, seconded by DRlMONES, resolution 04-90 was offered foradoption.


RESOLUTION 04-90

RE: MUNIClPALREPRESENTATlVE FOR OPEN SPACE COMMITTEE

WHEREAS, the Borough of Englewood Cliffs has entered into a CooperativeAgreement with the County of Bergen as provided under the Interlocal services Act NJSA40A:8A-l et seq. to participate in the Bergen County Open Space, Recreation, Farmland andHistoric Preservation trust Fund; and

WHEREAS, said Agreement requires that one municipal representative be appointed bythe governing body of the community to be part of the Open Space Trust Municipal ParkImprovement and Land Acquisition Program Regional Committee for the term of one yearcoinciding with the fiscal year July 1, 2004 through June 30, 2005;

NOW, THEREFORE, BE IT RESOLVED, that the governing body hereby appointsYvonne Favaro, Chairman of the Englewood Cliffs Shade Tree Commission as its representativeto participate on the Open Space Trust Municipal Program Regional Committee.

MAY 05 2009


2004-000175-REV1


SEPTEMBER 22, 2004 04-169

On a motion by DRlMONES, seconded by MANOLIO, resolution 04-91 was offered foradoption.


RESOLUTION 04-91

RE: QUASI MUNICIPAL ENTITIES

WHEREAS, the Borough ofEnglewood Cliffs is a partic ipating member of the SouthBergen Municipal Joint Insurance Fund, relative to General Liability and other coverages; and

WHEREAS, the "FUND" has adopted certain criteria to distinguish between bona fidemunicipal activities and other quasi-public entities not sponsored by the municipality andtherefore, not subject to coverage by the "FUND"; and

WHEREAS, it has been determined that in order to be covered by the "FUND" anorganization or activity meet the test that its function is of the type that historically the Boroughhas provided with coverage and/or which service s a bona fide public purpose typically met bylocal government, and the benefits of which are available to the municipality in general ; and

i

WHEREAS, the Borough has asked the "FUND" to extend General Liability and NonOwned Automobile Liability Coverage to the following entity;

CLASS ill - ALL OTHER NON-ATHLETIC ORGANIZATIONS

NATIONAL NITE OUT

NOW, THEREFORE BE IT RESOLYED, that the Borough Council of the Borough ofEnglewood Cliffs as follows:

It is hereby certified that the above listed organization exist within the Borough of EnglewoodCliffs as the bona fide charitable, educational, or recreational activi ties of the municipality andorganizations that support and/or provide services to the municipality in general and as such aresponsored or subsidized directly or indirectly by the municipality.

The Borough of Englewood Cliffs does hereby request that this organization described herein benamed as additional named insured for General Liability and Non-Owned Automobile LiabilityCoverage in accordance with the app licable limits and restrictions.

A certified copy of this Resolution shall be filed with the secretary of the South Bergen MunicipalJoint Insurance Fund.

MAY 05 2009


2004-000176-REV1


SEPTEMBER 22, 2004 04-170

On a motion by MANOLIO, seconded by DRIMONES, resolution 04-92 was offered foradoption.

ROLLCALL:AYES: Plawker, Manolio , Drimones , Kasoff, Parisi, Norton

RESOLUTION 04-92

TITLE: CHAPTER 159 - CLEAN COMMUNITffiS

WHEREAS N.J.SA 40A:4- 87 provides that the Director of the Division of LocalGovernment Services may approve the insertion of any special item of revenue in the budget of amunicipality when such item shall have been made available by law and the amount thereof was notdetermined at the time ofthe adoption of the budget; and

"

WHEREAS the Director may also approve the insertion of any item of appropriation for anequal amount;

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs herebyrequests the Director of the Division of Local Government Services to approve the insertion of anitem in the budget of the year 2004 in the sum of $4,825.43; which item is now available as arevenue from THE SOLID WASTE ADMINISTRATION - RECYCLING TONNAGEGRANT provisions of statute; and

On a motion by DRIMONES, seconded by MANOLIO, resolution 04-93 was offered foradoption.

ROLL CALL:AYES: Plawker, Manolio, Drimones , Kasoff, Parisi, Norton

RESOLUTION 04-93

RESOLUTION AUTHORIZING

UTILITY MANAGEMENT CONTRACT

WHEREAS, in today' s climate of limited financial resources and mandates to economize, it is inthe municipality's best interest to assure that public street lighting, traffic signals, and all utilitiesare being billed correctly, and it is also prudent to investigate opportunities to reduce future costs,and

WHEREAS, public street lights, traffic signals and other utility service appears to be billed athighly excessive rates, and

WHEREAS, Utility Management Services Group , LLC has been recognized as having expertisein street lighting, traffic signals, water and. utility billings throughout the State of New Jersey,and

MAY 05 2009


2004-000177-REV1


SEPTEMBER 22, 2004 04-171

WHEREAS, Utility Management Services Group, LLC has been successful in achievingsubstantial cost reductions in utilities for various municipalities, and

WHEREAS, it would be in the best interest of the BOROUGH OF ENGLEWOOD CLIFFS toretain the services of Utility Management Services Group, LLC as a qualified consultant to assistthe municipality in maximizing its energy efficiency in all its utilities and identifyingopportunities for savings, and

WHEREAS, the proposal submitted will be on a contingent basis and UtilityManagement Services Group, LLC will: share the savings with the municipality on afifty-fifty (SO/50) basis, and

WHEREAS, there will be no cash outlay from the municipality since. all fees will be paid fromthe savings, .

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of theBOROUGH OF ENGLEWOOD CLIFFS that the proposed services of Utility ManagementServices Group, LLC are specialized in nature, requiring expertise, extensive training and aproven reputation, and

BE IT FURTHER RESOLYED that these services are of such a qualitative nature that it is not,reasonably possible to draft specifications for the perfoIDI ance of the services, and,

BE IT FURTHER RESOLYED that these services are therefore properly classified asextraordinary, unspecifiable services as defined by NJ.S.A. 40A:11-2(7) and this action isproperly taken without competitive public bidding pursuant to NJ.S.A. 40A:11-5(1)(a)(i).

On a motion by MANOLIO, seconded by PARISI, resolution 04-94 was offered for adoption.

ROLLCALL:AYES: Plawker,Manolio, Drimones, Kasoff,Parisi,Norton

RESOLUTION04-94WHEREAS Boswell McClave Engineering has provided a proposal for the dredging andrestoring of two small on-stream retention ponds located at 170, 178 and 185 PershingRoad also know as Block 602 , lots 10 & 11, Block 701, Lot 6 of the Borough ofEnglewood Cliffs, Bergen County, New Jersey; and

WHEREAS the ponds have become silted and filled with debris and sediment, that haveclaimed water volume; and

WHEREAS the removal of sediment and debris will Improve water quality, sloweutrophication, extend its life and prevent flooding; and

MAY 05 2009


2004-000178-REV1


SEPTEMBER22,2004 04-172

WHEREAS oxygen levels in ponds with accumulated silt and sediment typically exhibitan oversupply of nutrients that accelerate algae and aquatic weed growth resulting incompetition for the water 's oxygen with other aquatic life including both fish andamphibians; and

WHEREAS dredging will also reduce negative impacts such as chemical pollutantsaccumulated in the sediment; and

WHEREAS Boswell McClave Engineering upon visiting the site observed theaforementioned conditions with the opinion that flooding will occur once the sedimentshoals impede the water's flow or block the outlet control structures; and

WHEREAS the Bergen County Mosquito Commission can 'perform the pond dredgings,at no cost to the Borough of Englewood Cliffs other than, providing the personnel andvehicles of the Department of Public Works to remove 'vegetation overhanging the pondand haul the dredged sentiment to a predetermined staging ar~a; and

WHEREAS it is necessary to meet the current New Jersey Department of EnviromnentalProtection (NJDEP) regulations,

NOW, THEREFORE, BE IT RESOLVED that Boswell McClave Engineeringperform the necessary field investigations and prepare the applications for NJDEPpermits to perform the pond dredging and restoration, and

BE IT FURTHER RESOLVED that the scope of work provided by BoswellEngineering shall include preparing and submitting a Stream Encroachment Permit andFreshwater Wetlands General Permit (GP) No. 13 Applications in accordance withN.J.A.C. 7:2A 9.1-9.8, respectively, to be obtained prior to dredging; and

BE IT FURTHER RESOLVED, that the required New Jersey Fish and Game WaterLowering Permit, as well as the coordination and inspection of the dredging operationsthroughout the project as specifically outlined in the Boswell McClave Engineeringproposal dated September 22,2004 file No. PR-4-8473, Pershing Road Restoration; and

BE IT FURTHER RESOLVED , that the cost shall not exceed 28,500.00.

MAY 05 2009


2004-000179-REV1


SEPTEMBER 22, 2004 04-173

f ' ", • ,:~~I(C:I' ~'i{I@1Di(J)1@mJ)ID~ :: '::: : ': ::0COUNCILMAN PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2004-12

AN ORDINANCE TO ESTABLISH FEES IN ACCORDANCEWITH P.L. 2001,c,404, KNOWN AS THE "OPEN PUBLICRECORDS ACT", AMENDING N.J.S.A. 47:1A ET. SEQ.

PLAWKER moved the ordinance be given its first reading. So ordered.

The municipal clerk read the said ordinance by title. PLAWKER moved the ordinance

be adopted on first reading and published in the Press Journal on September 30, 2004.

"The public hearing to be held on October 20,2004, Motion was seconded by DRIMONES.



COUNCILWOMAN DRlMONES INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2004-13

AN ORDINANCE AMENDING CHAPTER Vll, SECTION 7-3 ENTITLED"PARKING" SPECIFlCALLY SUBSECTION 7-3.5, SCHEDULE ill, OF THE

REVISED GENERAL ORDINANCES OF THE BOROUGH OF ENGLEWOODCLIFFS, COUNTY OF BERGEN, STATE OF NEW JERSEY

DRIMONES moved the ordinance be given its first reading, So ordered,

The municipal clerk read the said ordinance by title. DRIMONES moved the ordinance

be adopted on first reading and published in the Press Journal on September 30, 2004

The public hearing to be held on October 20, 2004 Motion was seconded by PARISI



MAY 05 2009


2004-000180-REV1


SEPTEMBER 22, 2004

ORDIiNANCE INTRODUCTION


ORDINANCE 2004-14

04-174

AN ORDINANCE AMENDING CHAPTER XXX, ZONING,SECTION 30-22 ENTITLED "TREE PRESERVATION AND REMOVAL

FOR RESIDENTIAL LOTS"OF THE BOROUGH OF ENGLEWOOD CLIFFS

COUNTY OF BERGEN, STATE OF NE W JERSEY

MANOLIO moved the ordinance be given its first reading. So ordered.

The municipal clerk read the said ordinance by title. MANOLIO moved the ordinance

be adopted on first reading and be published in the Press Journal immediately following the hearingdate. The hearing date will be announced at the October 20, 2004 Mayor and Council meeting.Motion was seconded by DRIMONES

,The ordinance was approved at the first reading upon the call of the roll.

o

AYES: Plawker, Manolio , Drimones, Kasoff, Parisi, Norton

COMMITTEE REPORTS:

COUNCILMAN KASOFF:

No Report

COUNCILMAN PARlSI:


Police, Fire, Legal

Police - Lt. Murray and Lt. Oceak completed 27 years of service with the Englewood Cliffs PoliceDept.Chamber of Commerce - will landscape the comer of 9W and Palisade Avenue, once theconstruction is finished in that area.


Soccer practice has hegun. Games will hegin next week. 200 children are enrolled.The Snack Bar is open. Fall basketball instruction begins Monday, September 27. There will be twotravel basketball teams. Girls softball instruction will begin soon. The recreation departmentcontributed $500.00 to the Englewood Cliffs PTA for a Halloween Famil y Fun Night, October 29.

MAY 05 2009


2004-000181-REV1


COUNCiLMAN PLAWKER:

SEPTEMBER 22, 2004

Finance, Historical, Board of Education

04-175

Attending transportation meeting at the Bergen County offices regarding light rails and other formsofpublic transportation in Bergen County.

COUNCiLWOMAN DRIMONES: Sanitation, Planning Board, Lighting

Planning Board - There was one application that was withdrawn.

COUNC iLMAN MANOLlO: DPW, Building & Grounds, Recycling, Bd. OfAdj.

Board of Adjustment - The board denied an application for a height variance.


E. Carter Corriston advised the Mayor and Council that the State <if New Jersey paid New Princeconstruction $23,000, for damages to Borough property that the State was responsible for due to thewidening of Route 9W. He asked the Council to pass a resolution that would allow the Mayor to signa release that would allow New Prince Concrete Construction Co, to turn this payment over to theBorough.

REPORT OF BOROUGH ENGINEER:

No Report

NEW BUSINESS:

On a motion by PARtS!, seconded by PLAWKER, resolution 04-96 was offered for adoption.


RESOLUTION 04-96

Authorize Mayor Parisi to sign release regarding New Prince Concrete Const ruction Compa ny

WHEREAS, the Borough of Englewood cliffs filed claim against New Prince ConcreteConstruction Company for damages to a sewer pipe located on Sylvan Avenue,Englewood Cliffs; and

WHEREAS, the New Prince Concrete Construction Company has agreed to forward$23 ,000.00 payment for the repair of said dam age;

NOW THEREFORE,

MAY 05 2009


2004-000182-REV1


SEPTEMBER 22, 2004 04-176

BE IT RESOLVED, that the Englewood Cliffs Council authorize Mayor P arisi to sign th erelease giving up the cl aim against N ew Prince Concrete Construction Com pany for saiddamage in re turn for the p ayment of $23,000.00 to th e Borough of Englewood C liffs b yN ew Prince Concrete Construct ion Company .

PUBLIC PORTION: On a motion by Plawker, seconded by Drimones, the meeting was opened tothe public. Carried.

Mrs. Li Porace presented the Mayor and Council with a petition signed by the residents of NewStreet, as well as, the surrounding area. She stated that the residents object to the State Dep artment ofTransportation removing the parking lot entrance of a restaurant located on the corner of Route 9Wand New Street. The removal of the 9W entrance to the parking lot leaves only one entrance and exitlocated on New Street.

She asked what the Council can do to help the residents trying to deal with the State ofNew Jersey.

Th e council accepted the petition. Council President Plawker stated that the council is in the processof reaching out to the State . The State has not yet responded. The Council attorney, E. CarterCorri ston, requested that the town engineer give him a report regarding the safety issues related to thesituation. Mr. Corriston will send a letter to the State after he receives the engineers report.

iIt was also stated that the Mayor and Council will reach out to our legislators regarding this situation.

Mr. Geyer mentioned that he was impressed with the new paving of streets in Englewood Cliffs. Hewould like to know ifpot holes were included in the new Road hnprovement program.

Mr. Bialko, Superintendent to the Department of Public works , answered that the pot holes wereincluded in the new program on the streets that are being pave d.

On a motio n by Parisi, seconded by No rton, the public portion of the meet ing was closed . Carried.

On a motion by Norton, seconded by Parisi, the meeting was adjourned at 9:10 p.m.

ArrEST:

Deborah Fehre, DEPUTY MUNICIPAL CLERK

APPROVED:


MAY 05 2009


2004-000183-REV1


04-177


MINUTES OF THE CAUCUS MEETING OF OCTOBER 20, 2004




ALSO PRESENT:

Borough AttorneyBorough EngineerChiefFinancial Offi cerChief ofPoliceSupt. of Public WorksTax Appeal Attorney


Joseph C. ParisillanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norto~,

E. Carter Corriston, Esq.Edward MignoneJoseph Iannaconi, Jr.Lawrence Whiting,Rodney BialkoSteven MuhIstock

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act"This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Manolio , seconded by Norton , resolution 04-103 was offered for adoption :

Roll Call:Ayes: Plawker, Manolio, Drimones, Kasoff, Norton

Councilman Parisi recused himself from discussion ofTax Appeal(He does business with one of the principals)

MAY 05 2009


2004-000184-REV1


04-178OCTOBER 20, 2004




NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10A12:

TAX APPEAL, 580 SYLVAN AVENUEPERSONNEL

Closed session began at 6:35 p.m. and ended at 7:05 p.m.

Open session resumed at 7:05 p.m.


MINUTES OF THE: Caucus Meeting of September 22, 2004 and Regular Meeting of September,22, 2004 were placed on the Regular Agenda for approval.


Police Report of September, 2004Court report of September, 2004Construction Code Official's Report of September, 2004Collector/Treasurer's Report of August, 2004


Tax Appeal Attorney TaxAppeal, Van Nos Associates, 580 Sylvan Avenue

Resolution 04-10 I was placed on the regular agenda for approval.


04-9704-9804-9904-10004-10104-10204-104

Approval ofWater Extension, 9 Loretta CourtRename West Bayview Park, Wood Land ParkAppoint Volunteer Fire Fighter, Samuel Ross MannAppoint Volunteer Fire Fighter, Joakim E. SandorTax Appeal, Van Nos Associates, 580 Sylvan AvenueApplication for DEP GrantBoard of Education Resolution

MAY 05 2009


2004-000185-REV1


04-179OCTOBER 20, 2004


2004-162004-17

Amending Chapter IX, Building and Housing, DemolitionEstahlish Fees, Request for Court Discovery


2004-122004-13

ADJOURN:

Establish Fees: Open Pub lic Records ActAmend Parking Ordinance

On a motion by Manolio, seconded by Norton, the meeting adjourned at 7:20 p.m.

ATTEST:


APPROVED:


MAY 05 2009


2004-000186-REV1


04-180


MINUTES OF THE REGULAR MEETING OF OCTOBER 20, 2004




ALS O PRESENT:


Joseph C. ParisillanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton . .


FLAG SALUTE LEAD BY COUNCIL PRESIDENT, ILAN PLAWKER


ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF rms MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOIylPLETION OF TYPING AND PROOFREADING BY .THEMUNICIPAL CLERK.

MAY 05 2009


2004-000187-REV1


04-181OCTOBER 20, 2004

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTtON BY MANOLIO, SECONDED BY PLAWKER, AND CARRIED.

Caucus Meeting of September 22, 2004Regular Meeting of September 22, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTtON BY PLAWKER,SECONDED BY MANOLIO, AND CARRIED.

Police Report of September, 2004Court Report of September, 2004Construction Code Officials Report of September, 2004Collector Treasurer's Report ofAugust, 2004

CLAIMS :

On a motion by Plawker, seconded by Manolio, the Claims for the month of October, 2004 wereordered paid.

Ayes:Nays:

Plawker, Manolio, Drimones, Kasoff, Parisi, Norton.'

MAY 05 2009


2004-000188-REV1


04-182OCTOBER 20, 2004

RESOLUTIONS:



ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi , Norton

RESOLUTION 04-97

TITLE: APPROVAL OF EXTENSION.,

WHEREAS, Eugene Bruni has presented to United Water New Jersey an application foran extension to its distributing system, to install 200 feet of 6-inch pipe in Loretta Court to serve9 Loretta Court, NOW , on motion duly made and seconded, 'J11d carried it is:

RESOLVED, that the said extension be made and the same hereby is approved...

On a motion by Plawker, seconded by Manolio, Resolution 04-98 was offered for adoption:


RESOLUTION 04-98

TITLE: NAMING BLOCK 117, LOT 7 "WOODLAND PARK"

WHEREAS, Borough property located at Block 117, Lot 7, commonly known as theWest Bayview Avenue Playground is in the process ofbeing upgraded; and

WHEREAS, this property is designated in the Englewood Cliffs Master Plan asdedicated parkland; and

WHEREAS, West Bayview Avenue was formerly known as Woodland Avenue;

NOW, THEREFORE,

BE IT RESOLYED that the parkland located at Block 117, Lot 7, located on WestBayview Avenue, in the Borough of Englewood Cliffs is hereby given the name of WoodlandPark.

MAY 05 2009


2004-000189-REV1


04-183OCTOBER 20, 2004


ROLLCALL:AYES: .Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 04-99

RE: APPOINT JUNIOR VOLUNTEER FIREFIGHTER

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Samuel Ross Mann as an active member of tbe Englewood Cliffs Volunteer FireDepartment;

NOW, THEREFORE BE IT RESOLVED that theMayor and Council of tbe Boroughof Englewood Cliffs does hereby approve the membership of Samuel Ross Mann as an activemember of the Englewood Cliffs Volunteer Fire Department.



RESOLUTION 04-100

RE: APPOINT JUNIOR VOLUNTEER FIREFIGHTER

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Joakim E, Sandor as an active member of the Englewood Cliffs Volunteer FireDepartment;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council oftbe Boroughof Englewood Cliffs does hereby approve the membership of Joakim E, Sandor as an activemember of the Englewood Cliffs Volunteer Fire Department.

MAY 05 2009


2004-000190-REV1


04-184OCTOBER 20, 2004

On a motion by Plawker, seconded by Manolio, Resolntion 04-101 was offered for adoption:

ROLLCALL:AYES: Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton

RESOLUTION 04-101

RE: TAX APPEAL SETTLEMENT- Van Nos Associates, 580 Sylvan Avenue

WHEREAS, Van Nos Associates, LLC is the owner of 580 Sylvan Avenue; and

WHEREAS, tax appeals are presently pending with regard to challenges of the 2002,2003 and 2004 assessments; and

WHEREAS, discovery has been completed and preliminary appraisal submitted; and,



RESOLVED by the Mayor and Council ofthe Borough of Englewood Cliffs that the taxattorney be and is hereby authorized and directed to execute any and all documents necessary inorder to effectuate settlement of the presently pending litigation entitled Van Nos Associates,LLC v. Englewood Cliffs, so that the 2002 assessment will be reduced from $8,550,000 to a totalof $6.8 million; the 2003 assessment will be reduced from $8,550,000 to a total of $7 million; andthe 2004 assessment will be reduced from $8,550,000 to a total of $7.3 million; and be it further

RESOLVED, that the aforesaid settlements are predicated upon a full waiver of any andall pre-judgment interest by the taxpayer.

On a motion by Manolio, seconded by Plawker, reso lution 04-102 was offered fo r adoption.


MAY 05 2009


2004-000191-REV1


04-185OCTOBER 20, 2004

RESOLUTION 04-102

RE: APPLICATION FOR GRANT - WQ04-041

WHEREAS, the governing body of the Borough of Englewood Cliffs desires t furtherthe public interest in obtaining a grant from the State of New Jersey in the amount ofapproximately $8,468.00 to fund the following project:

PREPARE AND IMPLEMENT A WRITTEN STORMWATERPOLLUTION PREVENTION PLAN


RES OLVED THAT Joseph Iannaconi, Jr. or the successor to the office of ChiefFinancial Officer authorized (a) to make application for such a grant (b) if awarded, to execute agrant agreement with the state for a grant in an amount not less than $8,468.00 and not more than$8,468.00 and (c) to execute any amendments thereto.

On a motion by Plawker, seconded by Drimones, resolution 04-103 was offered for adoption.


Ch. 73, P.L. 2004 (8-1701), " Bud get Cap Law"

WHEREAS, Pursuant to Article 8, Section 4, Paragraph I of the New JerseyConstitution, the provision of a thorough and efficient system of educationis the responsibility of the state Legislature; and

WHEREAS, School expenditures are primarily driven by state and federal mandates and"fixed costs"; and

WHEREAS, Local property taxes are the major source of revenue for public education in NewJersey; and

WHEREAS, The state has failed to fully fund its school aid statutes for three consecutiveyears, increasing the burden on local property taxpayers; and

WHEREAS, S-1701 (Ch. 73, P.L. 2004), signed into law on July 1, 2004, alters school districtfinancial practices and, in fact, could result in property tax increases; and

MAY 05 2009


2004-000192-REV1


04-186OCTOBER 20, 2004

WHEREAS, S-170 1 will force local schoo l districts to adopt imprudent practices and willdiminish communities' discretion over the financial operat ions of their schools;and

WHEREAS, S-1701 will force school districts to reduce free balance (surplus) in 2004-05 and2005-06, resulting in temporary property tax decreases that will not besustainable and which will result in property tax increases in 2006-07; and

WHEREAS, This reduc tion of surplus to perilously low levels could force districts to cuteducation programs and could increase costs by possibly contributing to thelowering ofbond ratings; and

WHEREAS, S-170 I will require school districts to decrease their capital reserve accounts,forcing them to defer necessary maintenance and repairs, to cut educationprograms, or to borrow funds; and

WHEREAS, S-1701 reduces the spending growth limit, or cap, on school district operatingbudgets , infringing on school districts ' ability in tJ:ie future to meet the state'sCore Curriculum Content Standards; and .

WHEREAS, S-1701 imposes unnec essary administrative spending limits on New Jerseyschool districts, limiting local discre tion ovet the staffing necessary to meet thestate and local educa tion goals and penali zing school districts that may be savingtaxpayer money in other areas; and

WHEREAS, These administrative costs are not limited to salaries, they also include legalcosts, telephone bills, district supplies, annual audit expense, copier contrac t, andadministrative health benefits, all of which are necessary to operate a schooldistrict; and

WHEREAS, S-1701 will require school districts to obtain the Commissioner of Education 'sapproval before transferring funds between budgetary line items, impeding theirability to make optimal use of funds and moving a simple budgeting decisionfrom the community into state bureaucratic channels; and

WHEREAS, S-1701 reduces the Spending Growth Limitation Adjustment (SGLA) forhazardous busing services, making it increasin gly difficult for school districts toprovide a service desigoed to ensure student safety; and

WHEREAS, S-170 I eliminates the SGLA for early childhood program aid anddemonstrably effective program aid, further limiting local school boards ' abilityto provide necessary education programs and services; and

WHEREAS, S-170 I restricts the submission of second ballot financ e questions at the AnnualSchool Election, thereby infringing on a community's ability to determineeducational program expenditures for its children; there fore be it

MAY 05 2009


2004-000193-REV1


04-187OCTOBER 20, 2004

RESOLVED, That the Engle wood Cliffs Board of Education urges the state Legislature to repealCh. 73, P.L. 2004 (S-170 I) immediately; and he it further

RESOLVED , That the Englewood Cliffs Board of Education urges the state Legislature to fullyfund the Comprehensive Educational lmprovement and Financing Act andrelated school aid formulas.

RESOLVED, That a copy of this resolution be sent to Senate President Richard Codey, SenatorByron Baer, Assembly Representatives Gordon Johnson and Loretta Weinberg,Commissioner of Educ ation William Librera, County Superintendent Dr. Aaro nGraham, the Mayor and Council of Englewood Cliffs, the New Jersey SchoolBoards Association, and the Bergen County School Boards Association.

COUNCILMAN MANOUO INTRODUCED AN ORDINANCE ENTITLED:

iORDINANCE 2004-16

AN ORDINANCE AMENDING CHAPTER IX, ENTITLED"BUILDING AND HOUSING" SPECIFICALLY SUBSECTIONS

9-20.1a, 9-20.1b AND 9-20.1c, DEMOLITION PERMIT;SECURITY REQUffiEMENTS, AND FURTHER CORRECTING

THE PRIOR AMENDING ORDINANCE WHICH WASIMPROPERLY SET FORTH AS CHAPTER XI, ENTITLED

"BUILDING AND HOUSING".

Mr. Manolio moved the ordinance he given its first reading. So ordered.

The Municipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on October 28,2004.

TIle puhlic hearing to be held on Decemher 15, 2004. Motion was seconded by Mr. Plawker.

TIle ordinance was approved at the first reading upon the call of the roll.


MAY 05 2009


2004-000194-REV1


04-188OCTOBER 20, 2004


ORDINANCE 2004-17

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFSESTABLISHING THE FEES TO BE CHARGED FOR COPIES

OF DOCUMENTS REQUESTED THROUGH THE MUNICIPALPROSECUTOR FOR MUNICIPAL COURT DISCOVERY

Mr. Manolio moved the ordinance be given its first reading. So ordered.

The Municipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on October 28, 2004

The public hearing to be held on November 10, 2004 Motion was seconded by Me. Plawker.




COUNCILMAN PLAWKER CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2004-12

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed, Mr. Plawker moved a public hearing be held on the ordinance. Soordered. Mr. Plawker moved the clerk read the ordinance by title on second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinance: Ms. Sank

After all interested parties had spoken on the ordinance, Mr. Plawker moved the hearing be closed.So ordered.

Mr. Plawker moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Ms. Drimones and adopted upon a call of the roll.

MAY 05 2009


2004-000195-REV1


04-189OCTOBER 20, 2004


ORDINANCE 2004-12

AN ORDINANCE TO ESTABLISH FEES IN ACCORDANCEWITH P.L. 2001, c, 404, KNOWN AS THE "OPEN PUBLIC

RECORDS ACT", AMENDING N.J.S.A. 47:1A ET. SEQ.

WHEREAS, pursuant to the Open Public Records Act, P.L. 2001, c. 404, which act amendsN.J.S.A. 47:lA-l , et seq., and provides for access to government records and provides further thatfees for copies of public records shall be fixed in accordance with a schedule based on the totalnumber of pages or parts thereof to be supplied without regard to the number of records beingcopied; and

WHEREAS, pursuant to P.L. 2001, cA04 , the Custodian of Government Records may appointappropriate municipal personnel to serve as a Deputy Custodian of Government Records fordocuments pertaining to Police matters; and I

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs to conform to such feeguidelines as promulgated in N.J.S.A. 47:lA-l et seq., as amended, for copies of documents ofpublic government records; and

WHEREAS, there exists a need for a Deputy Custodian of Government Records for documentspertaining to Police matters to review, copy and provide documents from the Police Departmentof the Borough of Englewood Cliffs requested under N.J.S.A. 47:lA-l et seq.

THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of EnglewoodCliffs, County of Bergen, State of New Jersey, as follows:

Section 1. Fees

A. The following fees shall be charged for making photocopies of any documentsfor which no other charge has been established by ordinance or State Statute:

1. First page to tenth page $.75 per page2. 11th page to 20th page........................... $.50 per page3. 21" page and over. $.25 per page

B. The fee for duplicating audio tapes of meetings of public agency of themunicipality shall be the cost of duplicating the tape.

C. The fee for duplicating computer records eligible for disclosure under the lawonto CD disks shall be $5.00 per disk.

MAY 05 2009


2004-000196-REV1


04-190OCTOBER 20, 2004

D. Whenever the nature, format , manner of collation or volume of governmentrecord requested to be copied involves an extraordinary expenditure of time and effort toaccomm odate the request, the special service charge allowed t be charged in accordance with thislaw shall be the overtime rate of the employee(s) ofthe Borough of Englewood Cliffs directed bythe Custodian of Governme nt Records to respond to the specified request, provided the work isperformed outside regular business hours , in additio n to both the direct actual costs of duplicatingand requested record requiring extraordinary duplication methods and those requested records tbe duplicated by regular routine means readi ly available within the operation of the municipality.The requestor shall have the oppo rtunity to review and object to the charges prior to their beingincurred, as provided by P.L. 2001,c.404.

E. Nothing in this section shall be construed as requiring the munic ipality to furnishcopies of any privileged documents or those documents designated as advisory, consultative ordeliberative as defined within the law, or other documents that are not deemed public informationin accordance with NJ.S .A. 47:IA-l et seq.

Section 2. Designation of Deputy Custodian of government Records

A. The Borough Clerk, as the Custodian of Government Records, may 10

accordance with N.J .S.A. 47:IA-I et seq., appo int the following:.>

I . Deputy Custodian of Government Records 'for documents pertaining to PoliceDepartment matters.

Section 3. This Ordinance shall take effect upon passage and publication as required by law.

COUNCILMAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2004-13

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. TIleclerk thereupon read the ordinance by title. TI,e mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinance: Ms. Sank

After all interested parties had spoken on the ordinance, Ms. Norton moved the hearing be closed.So ordered.

MAY 05 2009


2004-000197-REV1


04-191OCTOBER 20, 2004

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Ms. Norton and adopted upon a call of the roll.



ORDINANCE 2004-13

AN ORDINANCE AMENDING CHAPTER vn,SECTION 7-3 ENTITLED "PARKING"

SPECIFICALLY SUBSECTION 7-~.5, SCHEDULE illAND

FURTHER AMENDING CHAPTER ill, POLlCE REGULATIONSSPECIFICALLY SECTION 3"12.7

OF THE REVISED GENERAL ORDINANCES OFTHE BOROUGH OF ENGLEWOOD CLIFFS


BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, asfollows:

7-3.5 No Parking, Stopping or Standing Prohibited during Certain Hours onCertaiu Streets. No person shall park, stop or stand a vehicle between the hours specified inSchedule III of any day (except Sundays and public holidays) upon any of the streets or parts ofstreets described in Schedule III attached to and made a part of this chapter.

SCHEDULE illNO PARKING, STOPPING OR STANDING

In accordance with the provisions of subsection 7-3.5, no person shall park, stop or standa vehicle between the hours specified upon any of the following described streets or parts ofstreets.

Name of Street SidesCharlotte Place Both

Charlotte Place Both

Sage Road Both

Hours8:00 a.m. to 6:00 p.m.

School days

8:00 a.m. to 6:00 p.m.All days

At any timeAll days

LocationRose Street to Castle Drive

Route 9W to Rose Street

From the westerly curb lineof Route 9W to a point 90feet westerly thereof.

MAY 05 2009


2004-000198-REV1


04-192OCTOBER 20, 2004

Hollywood Avenue

Palisade Avenue

Both

Both

8:00 a.m, to 6:00 p.m.All days

At any timeAll days

From the northerly curblineof Route 9W to a point 150feet westerly thereof.

From 9W easterly towesternmost property lineof the Palisades Interstate

Parkway.

From 9W west to AlpineDrive

From Sherwood Avenue toJohn Street

Sherwood Avenue

New Street

Alpine Drive

John Street

Both

Both

Both

Both

One hour parkingAll daysNot applicable to residents

One hour parking From 9W west to AlpineAll days : DriveNot applicable to residents

One hour parkingAll daysNot applicable to residents

One hour parking From 9W to Castle DriveAll daysNot applicable to residents

Charlotte Place North side One hour parkingAll days

From 9W to Hudson Terrace

McDermott Way West side At any timeAll days

Entire Street

3-12.7 Streets Designated for Restricted Parking. The following public·str eets are hereby designated as "Residential Permit Parking Only":

v. Both sides of Van Nostrand Avenue from Hudson Terrace to a point 150 feet eastof Route 9W.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law, and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency, and

MAY 05 2009


2004-000199-REV1


04-193OCTOBER 20, 2004

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid. ordinance shall takeeffect upon final adoption and publication according to law.

This ordinance shall take effect upon final adoption and publication according to law.

COMMITTEE REPORTS:


Councilman Kasoff announced that the 4"' quarter Senior Taxi schedule has been handedout.


Councilman Parisi announced that Patrolman Murphy has now been an officer for 10 years.

A letter of thanks was received from Councilman & Mrs. Kasoff thanking Pt!. I-lill forInstalling a baby car seat in their vehicle.

New Jersey DYFS sent a letter of thanks to the ECPD for its expert handling of childrenProblems.

Four Burglary suspects were apprehended on Rossett Ave. when a resident observedthese people acting suspiciously.

Councilman Parisi congratulated the two newly appoint firefighters.

TIle Chamber of Commerce has a meeting on October 28.

Lions Club having a pancake breakfast on October 24.

PTA is having a Halloween party on October 28.

The George Rubis run will be held on November 14 at Upper schoo!.


The soccer season has started. Games will be on Saturday.

Ms. Norton announced that the UNITI Assoc. sponsored the art work that is onBoth dugouts.

Mens' basketball is held on Tuesdays at 7:30 p.m.

MAY 05 2009


2004-000200-REV1


004-194OCTOBER 20, 2004

Childrens' Basketball signup will be held on November 13.

Womens' Bowling is going on.

A homerun derby charity event was held and $750 was collected and will be donatedto the homeless.

COUNCILMAN PLAWKER: Finance , Historical, Board of Education

A Cross Acceptance meeting was held in Hackensack. Mr. Plawker andMr. Goldstein, Planning Board Chair, attended.


An application before the Planning Board was withdrawn.


A resolution memorializing the denial ofan application 'at I Hudson Terrace was adopted.

An application for II Sylvan Avenue was withdrawn. ,


A check in the amount of $23,000(re-imbursement to Borough) was received from PrinceConstruction for damage done on 9W.

We are awaiting news from the state on the driveway on New Street.

REPORT OF SUPERINTENDENT OF PUBLIC WORKS:

Paving has begun on Jenkins Drive, Sherwood Avenue and New Street

PUBLIC PORTION: On a motion by Parisi, seconded by Plawker, the meeting was opened to thepublic. Carried.

Residents from New Street informed the Council that the owners of the new MexicanRestaurant have started parking vehicles in improper places causing a lack of visability for vehiclesheading toward 9W.

Mayor Parisi authorized the Municipal Clerk to notify the Building Department to send aletter to the owners informing them that any change to the parking site plans have to approved by thePlanning Board.

MAY 05 2009


2004-000201-REV1


04-195OCTOBER 20, 2004

On a motion by Drimones, seconded by Parisi, tbe public portion of the meeting was closed.Carried.

On a motion by Manolio, seconded by Norton, tbe meeting was adjourned at 8:45 p.m.

ATTEST:

JOSEPH FAV ARO, MUNlCIPAL CLERK

APPROVED:

JOSEPHC. PARtSI, MAYOR

MAY 05 2009


2004-000202-REV1


04-196


MINUTES OF THE CAUCUS MEETING OF NOVEMBER 10, 2004




ALSO PRESENT:

Borough AttorneyBorough EngineerChiefofPoliceSupt. ofPublic Works

MAYORPARlSI STATED:

Joseph C. ParisillanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton, .

E. Carter Corriston Jr., Esq.Edward MignoneLawrence WhitingRodney Bialk'o



,MINUTES OF THE: Caucus Meeting of October 20, 2004 and Regular Meeting of October 20,2004 were placed on the Regular Agenda for approval.

MAY 05 2009


2004-000203-REV1


04-197NOVEMBER 10, 2004

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR - CONSENTAGENDA FOR APPROVAL.

Police Report of October, 2004Court report of October, 2004Construction Code Official's Report of October, 2004


Borough Engineer NJPDES Tier A Municipal Storm Water Permit

Resolution 04-106 , authorizing the Municipal Eogineer to prepare a Muni cipal StormWater Plao for tbe Borough ofEoglewood Cliffs, was placed on the regular agenda.

Construction Official Appointment ofElevator Inspector

Resolution 04-104, appointin g ErC Elevator Inspectors was placed on the regularagenda for approval.

County ofBergen Teterboro Airport, Ocean Routing

Resolutioo 04-105, recommending the Oceao Routing ofairplaoes going toTeterboro Airport.


04-10404-10504-106

Appoint Elevator InspectorResolution in favor of Oceao Routing over Teterboro AirportAuthorize Engineer to prepare Stormwater Plao


2004-182004-19

Amend Chapter X, property MaintenanceAmeod Chapter 2-13.1 et seq.

THE FOLLOWING ORDINANCES WAS PLACED ON THE REGULAR AGENDA FORSECOND READING! PUBLIC HEARING.

2004-17 Establish Fees : Request for Court Discovery

MAY 05 2009


2004-000204-REV1


04-198NOVEMBER 10, 2004

NEW BUSINESS: Chief Whiting informed the Council that one of the Crossing Guards hadtaken ill and would be absent for a few weeks. He asked what the procedure was in temporarilyreplacing her, The Municipal Clerk was authorized to call the J.I.F. to ascertain if there were anyliabilities involved in replacing the crossing guard without advertising the position.

ADJOURN: On a motion by Manolio, seconded by Parisi, the meeting adjourned at 8:00 p.m,

Carried.

ATTEST:


APPROVED:

JO~EPHC. PARISI, MAYOR

MAY 05 2009


2004-000205-REV1


04-199


MINUTES OF THE REGULAR MEETING OF NOVEMBER 10, 2004




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief Financial OfficerChief of PoliceSuperintendentDPVV



Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton. .

E. CarterConiston, Esq.Edward MignoneJoseph Iannaconi,Jr.LawrenceWhitingRodney Bialko

ADEQUATE NOTICE OF THIS MEETING VVAS GWEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING VVAS LEGALLY GWEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE \\lITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING VVILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2004-000206-REV1


04-200NOVEMBER 10, 2004

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY PLAWKER, SECONDED BY MANOLIO, AND CARRIED.

Caucus Meeting of October 20, 2004Regular Meeting of October 20, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY PLAWKER, AND CARRIED.

Police Report of October, 2004Court Report of October, 2004Construction Code Officials Report of October, 2004

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of November, 2004 wereordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton..

RESOLUTIONS:

MAYOR PARIS I STATED :" IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEY MAY DO SO AT THIS TIME."

On a motion by M anolio, seconded by Drimones, Resolution 04-104 was offered for adoption:


RESOLUTION 04-104

RE: APPOINTMENT OF ELEVATOR INSPECTOR FOR 2005-2006

WHEREAS, it is necessary for the Borough of Eng lewood Cliffs to engage the services of anElevator Inspector for the years 2005-2006 to provide Elevator Inspection services whicb arenecessary for the operation ofsaid Borough; and

WHEREAS, funds will be available by way of elevator inspect ion fees to compensate saidInspector; and

WHEREAS, the Local Publ ic Contracts Law (NJ .R.S. 40A: II et seq) and NJ.A.C. 5:23-4 .5Arequires that the resolution authorizing the award of contracts for "professional services" withoutcompetit ive bids must be publicly advertised;

MAY 05 2009


2004-000207-REV1


04-201NOVEMBER 10, 2004


That the Borough Elevator Inspector for a period of two (2) years (2005-2006), is hereby designatedas ErC Inspection Agency Corp, 3705 Kennedy Blvd., Jersey City, N.J. 07307. The inspector isJoseph Castellon, license #002783-ESIEUSCfHHS. The compensation for said position shall be80% of the DCA fees collected as per the bid submitted;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue of N.J.R.S. 40A:II-7 and N.J.A.C. 5:23-4.5A which specifically exempts suchcontracts from the requirements of public bidding. The Borough Clerk is hereby authorized anddirected to publish a copy of this resolution in the newspaper within ten (10) days from the datehereof.

On a motion by Norton, seconded by Kasoff, Resolution 04-J05 was offered for adoption:


RESOLUTION 04-105

WHEREAS, Teterboro Airport is'located in the densely populated and highly traveled region ofBergen County along the Route 46 highway in the boroughs ofTeterboro and Moonachie; and

WHEREAS, in response to public safety concerns at Teterboro Airport, the Coalition for Healthand Public Safety was formed; and

WHEREAS, on May 7, 2003, the Board of Chosen Freeholders passed Resolution 480 urging all70 municipalities to join the Coalition for Health and Public Safety to address all concernsregarding air traffic over Bergen County; and

WHEREAS, the Federal Aviation Administration held a scoping meeting on March 13,2001 topresent three scenarios and to provide the opportunity for public comment on plans to address airtraffic in Bergen County; and

WHEREAS, one redesign concept is utilizing ocean routing which extends paths for turbojetsoperating at low altitudes bringing the aircraft to higher altitudes prior to flying over urbanizedareas; and

WHEREAS, ocean routing would alleviate noise and air pollution while also minimizing theamount of air traffic over residential areas in Bergen County.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough ofEnglewood Cliffs urges the FAA to adopt the concept of ocean routing over Teterboro; and

BE IT FURTHER RESOLVED that a copy of this resolution to the Bergen County Board ofChosen Freeholders.

MAY 05 2009


2004-000208-REV1


04-202NOVEMBER 10, 2004

On a motion by xxxxxxx, seconded by xxxxxxx, Resolution 04-106 was offered for adoption:

ROLLCALL:AYES:ABSTAIN:


RESOLUTION 04-106

WHEREAS, the New Jersey Department ofEnviromental Protection haspromulgated new legislation concerting all New Jersey municipalities; and

WHEREAS, the Borough of Englewood Cliffs has been assigned a Tier A MunicipalStormwater Master General Permit; and .

WHEREAS, the Borough is required to accomplish a variety of stormwater related tasksby the first deadline of April I , 2005;

NOW THEREFORE, BE IT

RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs doeshereby authorize Boswell McClave Engineering to prepare a stormwater plan as set forth byNJDEP; and i

BE IT FURTHER RESOLVED, that the initial budget is set as $5,000 for thepreparation of the stormwater plan .

COUNCIL PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2004-18

AN ORDINANCE AMENDING CHAPTER X, ENTITLED"PROPERTY MAINTENANCE CODE"

OF THE BOROUGH OF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

Mr. Plawker moved the ordinance be given its first reading. So ordered.

The Municipal Clerk read the said ordinance by title. Mr. Plawker moved the ordinance

be adopted on first reading and published in the Press Journal on November 18, 2004.

MAY 05 2009


2004-000209-REV1


04-203NOVEMBER 10, 2004

The public hearing to be held on December 15, 2004. Motion was seconded by Mr. Manolio.





ORDINANCE 2004-19

AN ORDINANCE TO AMEND AND SUPPLEMENTCHAPTER 2-13.1 ET SEQ. ENTITLED

"POLICE DEPARTMENT"OF THE GENERAL ORDINANCES AND REVISED

CODE OF THE BOROUGH OF ENGLEWOOD CLIFFS

Councilman Parisi moved the ordinance be given its first reading. So ordered .

The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinance

be adopted on first reading and published in the Press Journal on November 18, 2004.

The public hearing to be held on December 15, 2004. Motion was seconded by Mr. Kasoff.


AYES: Plawker, Manolio, Drim ones, Kasoff, Parisi , Norton

MAY 05 2009


2004-000210-REV1


04-204NOVEMBER 10, 2004


MR. PLAWKER CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2004-17

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Plawker moved a public hearing be held on the ordinance. Soordered. Mr. Plawker moved the clerk read the ordinance by title on second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Mr. Parisi moved the hearing beclosed. So ordered. '

Mr. Plawker moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Ms. Norton and adopted upon a call of the roll.

ROLLCALL:AYES:

I

Plawker, Manolio, Drimones, Ka soff Parisi, Norton

ORDINANCE 2004-17

AN ORDIN ANCE OF THE BOROUGH OF ENGLEWOOD CLIFFSESTABLISHING THE FEES TO BE CHARGED FOR COPIES

OF DOCUMENTS REQUESTED THROUGH THE MUNICIPAL PROSECUTORFOR MUNICIPAL COURT DISCOVERY

WHEREAS, discovery requests in matters pending in the Municipal Court are submittedthrough the Municipal Prosecutor, and

WHEREAS, it is necessary to establish the fees that may be charged for the copies

provided, consistent with the prov isions of the New Jersey Open Public Records Act, N.J.S.A.47:I A-I , et seq.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of

Englewood Cliffs that the following fee schedule is hereby established:

Municipal Court Discovery

I . All requests for discovery in the matters pending in the Borough of Englewood Cliffs

shall be submitted through the Municipal Prosecutor.

MAY 05 2009


2004-000211-REV1


04-205

NOVEMBER 10, 2004

2. The following fees shall be payable by the requestor to the Borough of Englewood

Cliffs for the discovery provided:

a. $.75 per page for each of the first 10 pages photocopied

b. $.50 per page for each of the next 10 pages photocopied

c. $.25 per page for each of the pages photocopies thereafter

d. Actual postage for any discovery sent by mail

,e. $.25 for the envelope for any discovery sent by mail

f. Photographs will be photoc opied at the rates established'herein. If requests are madeor duplicate photographs, the actual cost of making 'the photographs shall be charged.

g. Duplication of videotapes constitute an extraordinary duplication processand will he charged at the rate of $5.00 per videotape.

h. On any item that cannot be photocopied on the Borough copy machine or not

otherwise provided for in this schedule, the actual cost incurred in making the

copy shall be charged

3. Where the discovery must be obtained from an entity other than the Borough of

Englewood Cliffs e.g. another police department, the actual costs paid to the

other entity shall be paid by the requestor.

BE IT FURTHER ORDAINED that this Ordinance shall become effective upon

adoption and publication in accordance with law; and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than the

zoning ordinance of the Borough which are inconsistent with the provisions of this chap ter are

hereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any part thereof, other than the part held so unconstitutional or invalid.

This ordinance shall take effect upon fmal adoption and publication according to law.

MAY 05 2009


2004-000212-REV1


04-206NOVEMBER 10, 2004

COMMITTEE REPORTS:


Councilman Kasoff congratulated Mr. Plawker and Mr. Manolio on theirre-election to Council.

COUNCILMAN PARISI :

No Report

COUNCILWOMAN NORTON:

Police, Fire, Legal

Recreation

The Soccer Championships will take place this weekend:Basketball sign up will take place on Saturday.


The Cross Acceptanc e project has been completed. Map corrections will take place nextweek. He thanked Mr. Goldstein, Chairman of the Planning Board, for all the work he putin on the project.

COUNCILWOMAN DRIMONES : Sanitation, Planning Board, Lighting

Councilwoman Drimones congratu lated Mr. Plawker and Mr. Manolio on their re-election toCouncil.

COUNCILMAN MANOLIO: DPW , Building & Grounds, Recycling, Bd. Of Adj.

The Board of Adjustment approved a variance on Ehn Street.

REPORT OF CHIEF OF POLICE:

Chief Whiting informed the Council that the Police Department in cooperation with St.Peters College held a weapons seminar which was most successful.

The Crane Fund located at 140 Sylvan Avenue offered their compliments on theprofessionalism ofpolice officers that assisted them.

PUBLIC PORTION: On a motion by Drimones, seconded by Manolio, the meeting was opened tothe public. Carried.

MAY 05 2009


2004-000213-REV1


04-207NOVEMBER 10, 2004

Mr. GIener, Jean Drive, asked if the Council could do something about the construction vehicles thatare blocking the streets by being parked on both sides of the street.

Mayor Parisi asked Chief Whiting to ask the companies to park on one side only or putemergency no parking signs up.

Ms . Sank, Charlotte Place, asked why Councilman Parisi abstain on his vote for resolution 04-106.

The Municipal Attorney informed Ms . Sank that Mr. Parisi does not have to explain hisvote.

Ms. Breen, Van Nostrand Avenue, asked when the final paving and curbing will be completed.

Mr. Mignone, Borough Engineer, informed Ms. Breen that 2 more houses had to becompleted and the final paving and curbing should take place in the spring.

Mr. Plawker read the letter from Assemblywoman Weinberg, which stated that the closing of thedriveway at the restaurant on New Street and 9W was told to' the owners in 1997 and the ownersnever responded . However, Mr. Plawker stated that the egress from the restaurant had to be towards9W and not toward the residential area.

On a motion by Parisi, seconded by Norton, the public portion of the meeting was closed. Carried.

On a motion by Parisi, seconded by Norton, the meeting was adjourned at 8:45 p.m.

AlTEST:


APPROVED:

JOSEPH C. PARJSI, MAYOR

MAY 05 2009


2004-000214-REV1


04-208


MINUTES OF THE CAUCUS MEETING OF DECEMBER 15, 2004


PRESENT AT ROLL CALL:MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:Borough AttorneyBorough EngineerChief of Police


Joseph C. Parisinan PlawkerThomas ManolioPatric ia DrimonesJerry KasoffJoseph Parisi, Jr . .Lynn Norton

E. Carter Corriston, Esq.Paul Niehoff .Lawrence Wliiting

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."TIllSnotice is on file with the Munic ipal Clerk and posted on the bulletin board.Minute s of this meeting will be made available to the public upon the comp letion of typing andproofreading by the Municipal Clerk.

On a motion by Drimones, seconded by Manolio, resolution 04-112 was offered for adoption:



WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed sess ion during apublic meeting , and



. Any matter involving the purchase, lease or acquisition of real property.Any pending or anticipated litigation or contract negotiation.

MAY 05 2009


2004-000215-REV1


04-209DECEMBER 15, 2004

The Closed session started at 7:20 p.m. and ended at 7:45 p.m. The Council went back into opensession at 7:46 p.m.


MINUTES OF THE: Caucus Meeting of November 10, 2004 and Regular Meeting of November10, 2004 were placed on the Regu lar Agenda for approvaL

THE FOL LOWING REPO RTS WERE PL ACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of November, 2004Court report of November, 2004Construction Code Official's Report of November, 2004Collector/Treasurer's Report of October, 2004 · .

THE FOLL OWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

04-107 Appoint Volunteer Fire Fighter, Ann Marie Driinones04-108 2005 Animal Control Agreement with BergenCounty04-109 Redemption of Tax Sale Certificate #02-01 .04-110 Transfer of funds between 2004 Budget Appropriations04-111 Tax Appeal Settlement, Bally 's Total Fitness Corp.04-113 Cancellation of Improvement Authorization Appropriations

THE FOLLOWING ORDIN ANCES WASfWERE PLACED ON THE REGULAR AGENDAFOR SECOND READING! PUBLIC HEARING.

2004- 162004-182004-19

ADJOURN:

Amend Chapter IX: Demolition Permi tsAmend Chapter X, Property Maintenance CodeAmend Chapter 2-13 .1 et al

On a motion by Pa risi, seconded by M anolio, the meeting was adjourned at 8:01 p.m.

Carried.

ATTEST:


APPROVED:


MAY 05 2009


2004-000216-REV1


04-110


MINUTES OF THE REGULAR MEETING OF DECEMBER 15, 2004




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPolice

Joseph C. ParisiDan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton, .

E. Carter Corriston, Esq.Paul NiehoffLawrence Whiting

FLAG SALUTE LEAD BY: Dan Plawker, Council President


ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING wur. BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2004-000217-REV1


04-111DECEMBER 15, 2004

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY DRlMONES, AND CARRIED.

Caucus Meeting of November 10, 2004Regular Meeting of November 10, 2004

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PLAWKER,SECONDED BY MANOLIO, AND CARRIED.

Police Report ofNovember, 2004Court Report of November, 2004Construction Code Officials Report of November, 2004Collector Treasurer's Report of October, 2004

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of December, 2004 wereordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff, Barisi, Norton

MAY 05 2009


2004-000218-REV1


04-112DECEMBER 15, 2005

RESOLUTIONS:


On a motion by Manolio, seconded by Parisi, Resolution 04-107 was offered for adoption:


RESOLUTION 04-107

RE: APPOINT VOLUNTEER FIRE FIGHTER, ANN MARIE DRlMONES

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Ann Marie Drimones as an active member of the Englewood Cliffs Volun teerFire Department;

NOW, THEREFORE BE IT RESOLYED that the 'Mayor and Council of the Boroughof Englewood Cliffs does hereby approve the membership of Ann Marie Drimones as an activemember of the Englewood Cliffs Volunteer Fire Department.

On a motion by ManoIlo, secon ded by Plawker, Resolution 04-108 was offered for adoption:


RESOLUTION 04-108

RE: AGREEMENT WITH BERGEN COUNTY ANIMAL SHELTER

WHEREAS, there exists a need for the Borough of Englewood Cliffs Health Departmentto provide state mandated anim al control services of a professional nature; and

WHEREAS, the Bergen County Department of Health Services can provide dulyqualified personnel to carry out these services; and

WHEREAS, the Bergen County Department of Health Services has agreed to provideanimal control services through a contract agreement with the Borough of Englewood Cliffs ,Department of Health for the Calendar year 2005; and

WHEREAS, the maximum amount of the contract is $7,237.92 and funds will beavailable for this purpose; and

MAY 05 2009


2004-000219-REV1


04-113DECEMBER 15, 2004

WHEREAS, it has been certified that this meets the statutes and regulations concerningthe award of said contract:

WHEREAS, the Animal Center will be responsi ble for those services delineated in theColumn I "Mandated Services: Animal Regulatory Control Compliance" and Column II"Additional Services"; and

NOW, THEREF ORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs as follows:

I. The Joseph Favaro, Administrator, is hereby authorized anddirec ted to execute an agreement wi th the Bergen -County Department of HealthServices to perform animal control services of a pro fessional nature for theperiod January 1, 2005 thro ugh December 31, 2005 at a cost not to exceed$7,237.92.

2. TIllS Contract is awarded without competi tive bidding in accordancewith NJ .S.A. 40A: 11-5(2) ; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified, inaccordance with N.J.A.C. 5:30-14.5 that sufficient legally appropriated funds will be available forthis purp ose subject to app ropriation of funds in the 2005 temporary and/or adopted budget.

On a motion by M anolio, seconded by Drlmones, Resolution 04-109 wa s offered for adoption:

ROLL CALL:AYE S: Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 2004-109

RE: TAX SALE CERTiFICATE #02-01, REDEMPTION

Whereas, George Barnes had purchased Tax Sale Certificate #02-010n November 14, 2002 onproperty commonly known as Block 505, Lot 8; and

Whereas, the tax sale certificate has been redeemed;

Now, Therefore, be it Resolved, by the Mayor and Council of the Borough of Englewood Cliffs,that the Tax Collector-Treasurer be authorized to issue a refund check drawn from the CurrentAccount, Summit Bank in the amount of $17,158.51 payable to:

George Barnesclo Bergen Eastern Pension TrustFBO G.Barnes5345 Pennock PointJupiter, Florida, 33458

MAY 05 2009


2004-000220-REV1


04-114DECEMBER 15,2004

On a motion by Manolio, seconded by Parisi, Resolution 04-110 was offered for adoption :


RESOLUTION 2004-110

RE: TRANSFER OF FUNDS BETWEEN 2003 BUDGET APPROPRIATIONS

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2003 Budget appropriations be mad~:

FROM:

TO:

STREETS & ROADS s rwSALARY & WAG E ADJ.

A&ESrwCOLLECTOR OF TAXES srwBUILDING DEPT. srwGROUP INSURANCEPOLICE srwEMERGENCY MGT.FIRST AIDSEWER CHARGE TENAFLYSOCIAL SECURITYMUNICIPAL COURT srwOUTSIDE CAP

$53,381.00$50,000.00

$103.381.00

$00,866.00$04,296.00$12,246.00$06,386.00$50,000.00$00,299.00$12,068.00$08,001.00$05,000.00

$04,219.00

$103,381.00

On a motion by Plawker, seconded by Drimones, Reso lution 04-111 was offered for adoption:


RESOLUTION 04-111

RE: TAX APPEAL SETTLEMENT, BALLY'S TOTAL FITNESS CORP.

WHEREAS, Bally Total Fitness Corp ., located at 150 Sylvan Avenue and also knownand designated as Block 314, Lot 10, has filed tax appeals for 2003 , 2004 and 2005, challengingthe total assessment of $8,177,500 ; and

MAY 05 2009


2004-000221-REV1


04-115DECEMBER 15, 2004

WHEREAS, discovery has been completed and settlement conferences beld in the TaxCourt; and



RESOLVED by the Mayor and Council of tbe Borough of Englewood Cliffs that the taxattorney be and he is hereby autborized and directed to execute any and all documents necessaryto effectuate settlement of the matter entitled Bally Total Fitness vs. Englewood Cliffs, so that the2003 and 2004 appeals will be withdrawn, and the 2005 assessment reduced from a total of$8,177,500. to a total of $7,359,800, which reflects the Borough' s2005 state Director ' s ratio .

On a motion by Manolio, seconded by Drimones, resolution·04-113 was offered foradoption.


RESOLUTION 04-113 i

RE: CANCELLATION OF IMPROVEMENT AUTHORIZATION APPROPRIATIONS

WHEREAS, funded balances exist in Improvement Authorization Appropriations; and

WHEREAS, said balances are unencumbered; and

WHEREAS, the Mayor and council desires to cancel said funded balances to capitalfund balance;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council ofthe Boroughof Englewood Cliffs that the following funded Improvement Authorization balances are herebycancelled to capital fund balance:

ORDINANCENUMBER95-12

95-13/97-0297-0898-0899-1300-0301-0401-05/0 1-0701-08

AMOUNT$ 2,393$ 1,001$ 683$ 2.648$261,166$ 1,435$ 1,297$ 920$ 1.889

$273,432

MAY 05 2009


2004-000222-REV1


04-116DECEMBER 15, 2004


ORDINANCE 2004-16

On a motion by Plawker , seconded by Kasoff, Ordinance 2004-16 was ordered withdrawn fromconsideration .

Roll Call:Ayes : Plawker, Manoli o, Drimones, Kasoff, Parisi, Norton

Copies of Ordinance are to be referred to the Planning Board, Board of Adjustment, Shade TreeCommission and the Environmental Commission for their input.

ORDINANCE 2004-18

On a motion by Drimones, seconded by Manolio, Ordinance 2004-18 was ordered withdrawnfrom consideration.

Roll Call:Ayes : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

Copies of the Ordinance are to be referred to the Planning Board and Board of Adjustment fortheir input.


ORDINANCE 2004-19

On a motion by Parisi, seconded by Manolio, Ordinance 2004-19 was amended as follows:

"There is hereby created in and for the Borough ofEnglewood Cliffs, a Police Department whichshall consist ofno more than one Chief of Police, one Deputy Chief, five(changed to seven)Captains, ten Lieutenants, ten sergeants and twenty patrolpersons.

Roll Call on the amendment:Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Plawker moved a public hearing be held on the ordinance asamended. So ordered. Mr. Plaw ker moved the clerk read the ordinance by title on second reading.So ordered. The clerk thereupon read the ordinance by title. The mayor then announced that allinterested parties would now be given opportunity to be heard for or against the adoption of theordinance.

MAY 05 2009


2004-000223-REV1


04-117DECEMBER 15, 2004


Ms. O'Shea, Ms. Sank, Ms. Breene

After all interested parties had spoken on the ordinance, Mr. Plawker moved the hearing he closed.So ordered.

Ms. Drimones moved the ordinance as amended he adopted on second reading and final passage,which motion was seconded by Mr. Parisi and adopted upon a call of the roll.


ORDINANCE 2004-19

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 2-13.1 ET SEQ.ENTITLED "POLICE DEPARTMENT'" OF THE GENERAL ORDINANCES AND

REVISED CODE OF THE BOROUGH OF ENGLEWOOD CLIFFS.

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs,County of Bergen, State of New Jersey that Chapter 2,13.1, et seq. entitled "POLICEDEPARTMENT" OF THE GENERAL ORDINANCES ,AND REVISED CODE OF THEBOROUGH OF ENGLEWOOD CLIFFS, is amended and supplemented herein as follows:

There is hereby created in and for the Borough of Englewood Cliffs, a Police Departmentwhich shall consist of no more than one Chief of Police, one Deputy Chief, seven Captains, tenLieutenants, ten sergeants and twenty patrolpersons.

The Police Department shall preserve the public peace; protect life and property; detect,arrest and prosecute offenders of the laws of the New Jersey and the ordinances of the Borough ofEnglewood Cliffs; direct and control traffic; provide attendance and protection duringemergencies; provide appearances in court; cooperate with all other law enforcement agencies;and provide training for the efficiency of its members and officers. eNJ.S.A. 40A: 14-152)

The Mayor and Council of the Borough of Englewood Cliffs shall be designated as theAppropriate Authority as provided in the New Jersey Statutes. The Appropriate Authori ty shallbe responsible for the overall performance of the Police Department. The Appropriate Authorityshall adopt and promulgate Rules and Regulations for the govermnent of the Police Departmentand for the discipline of its members. ill.J.S.A. 40A: 14-118)

The Chief of Police shall be the head of the Police Department and shall be directlyresponsible to the Appropriate Authority for its efficiency and day to day operations. Pursuant topolicies established by the appropriate Authority, the Chief of Police shall:

Administer and enforce the Rules and Regulations of the PoliceDepartment and any special 'emergency directive for the disposition anddiscipline of the Department and its members and officers;

MAY 05 2009


2004-000224-REV1


04-118DECEMBER 15, 2004

Have, exercise and discharge the functions, powers and duties of thePolice Department;

Prescribe the duties and assignments of all members and officers;

Delegate such authority as may be deemed necessary for the efficientoperation of the police Department to be exercised under the Chief's directionand control; and

Report at least monthly to the Appropriate Authority in such form asshall be prescribed on the operation of the Police Department during thepreceding month and make such other reports as may be requested by theAppropriate Authority. (NJ.S.A. 40A:14-118).

No member or officer of the Police Department shall' be suspended, removed, fined orreduced in rank for any cause other than for incapacity, misconduct or disobedience as providedin the New Jersey Statutes and the Police Department's Rules. and Regulations. (NJ.S.A.40A:14-147)

No person shall be appointed to the Police Department who is not qualified as providedin the New Jersey Statutes. The Appropriate Authority may' also require that an applicant forappoint to the Police Department shall successfully complete a physical, mental andpsychological examination. (NJ.S.A. 40A:14-122 and N.J.S.A. 40A:14-127)

The Mayor and Council of the Borough of Englewood Cliffs may appoint from time totime special law enforcement officers in accordance with New Jersey Statutes for terms notexceeding one year. They shall possess and exercise all the powers and duties provided by saidstatutes during their term in office, but shall not be continued as regular members of the PoliceDepartment and shall not be entitled to tenure. The Chief of Police may authorize special lawenforcement officers when on duty to exercise the same powers and authority as regular membersof the Police Department including the carrying of firearms and the power of arrest. (NJ.S.A.40A:14-l46 .8 et seq.)

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law; and,

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances inconsistentwith or in conflict with this ordinance are hereby repealed as to said inconsistencies and conflict,and

BE IT FURTHER ORDAINED that should any part or provision of this Ordinance beheld unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as awhole or any part thereof, other than the part held so unconstitutional or invalid.

MAY 05 2009


2004-000225-REV1


04-119DECEMBER 15, 2004

COMMITTEE REPORTS:


Councilman Kasoffwished everyone a Happy Holiday and a Healthy New Year.


Councilman Parisi welcomed Ms. Drimones as a new fire fighter,

Patrohnan, Romano, Heinlehnan, & Wiecker celebrated their fourth year in theDepartment.

The Chamber hosted their annual Holiday Party and invited Municipal Employees.

Councilman Parisi extended his wishes for a Healthy, and Happy New Year.


Basketball starts on December 18. This includes travel teams.

Indoor Soccer will take place at the Teaneck Armory

The last sign-up day for Little League will be December 18.

Ladies Aerobics and Bowling are on going. Looking for more participants

Councilwoman Norton wished everyone a Happy Holiday

COUNCILMAN PLAWKER: Finance, Historical , Board ofEducation

Plans are in affect to obtain proposals for improvements to the B-3 zone.Letters will go out to the property owners in order to exchange ideas aboutthe area.

Couucilmau Plawker wished everyoue a Happy Holiday.


There was uo Plauuiug Board meetiug iu December.

Couucilwoman Drimones wished everyone a Happy Holiday.

MAY 05 2009


2004-000226-REV1


DECEMBER 15, 2004

COUNCILMAN MANOLIO: DPW , Building & Grounds, Recycling, Bd. OfAdj .

The Board of Adjustment granted a height variance on Hudson Terrace and approveda kiosk for the Mobil Station. The kiosk is only 12 square feet.

Councilman Manolio wished everyone a Happy Holiday .

PUBLIC PORTION: On a motion by Norton, seconded by Kasoff, the meeting was opened to thepublic. Carried.

Ms. Skolnick, Priscilla Lane, asked the Councils help in use ofher property on 9W.

She was advised by Mr. Corriston that she should obtain legal counsel versed in zoning tohelp her appear before the Planning Board.

Mr. Cioffi, 30 Sylvan Avenue, agreed the B-3 zone should be changed.

Mr. Tarras, 6u, Street, informed the council that 6u, street needs repairs or repaving.

On a motion by Parisi, seconded by Norton, the public portion of the meeting was closed. Carried,

Mayor Parisi extended his wishes for a Happy Holiday and Healthy New Year.

On a motion by Manolio, seconded by Parisi, the meeting was adjourned at 9:05 p.m.

ATTEST:


APPROVED:


MAY 05 2009


2004-000227-REV1


2004 complete mayor & council minutes of the borough of englewood cliffs

Documents

council minutes borough

borough business

open public meeting

borough clerkapproved

rms borough

borough of englewoodcliffs

reorganization meeting

rev12004 mayor